BANK OF INDIA Vs. VINABEN I. PUROHIT

JUDGEMENT

(1.) The appellant-Bank has preferred this appeal under Clause 15 of Letters Patent against the judgment delivered in Special Civil Application No.14196 of 2005 on 16.2.2010 by learned Single Judge, by which, the writ petition filed by respondent herein came to be partly allowed.

(2.) The short facts to be considered in this appeal are as under:

(3.) Mr. J.T. Trivedi, learned counsel for the appellant-Bank would contend that learned Judge has failed to appreciate that there was an excess payment w.e.f. 17.5.1999 through an inadvertent error and the excess amount paid to the respondent was recoverable. Having undertaken to repay the dues or any excess amount paid by the bank to be recovered, the stand of the respondent not to pay excess amount paid to her through oversight is unfortunate. By relying on concept about general lien commonly known as right to set off of a banker on all moneys of its customers on all goods and securities and such lien of the banker arise from contract or portion of law as a matter of course unless rebutted. Learned counsel further relied on following decisions of the Apex Court: