B. VIPLAVA PRASAD Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE Appellant has preferred this appeal under Section 96 of the Code of Code of Civil Procedure against the decree granted against him in the suit filed by the Respondent -bank for recovery of a sum of Rs. 5000/ -with 18.5% interest calculated with quarterly rests, aggregating to Rs. 20,099.93.

(2.) THE facts not in dispute are that the Appellant who is now working as a teacher, had earlier carried on business in sale of Mahul Leaves in the year 1978 -79. During the said period, he had opened a saving bank account in the State Bank of India, branch at Katghora in Bilaspur district. Mahul leaves purchased by him used to be sent to his partner Shankar Rao at Madras for its eventual supply there. For the above supplies to Madras, he used to receive payments by telegraphic transfers in his saving bank account.

(3.) THE bank first made a demand of return of a sum of Rs. 5000/ - to the Appellant as a result of double credit entry made in his favour by its letter dated 26th August 1985 (Ex.P/7). The bank then served a legal notice on 28.8.1996 (marked a Ex.D/1) and in paragraph 3 of the said notice it was mentioned that the mistake of double crediting entry and payment came to the knowledge of the bank on 4.12.1983. The suit for recovery of the above sum with 18.5% interest was filed on 23.6.1987 after the Appellant, in reply dated 20.9.1986 (Ex. D/2) to the legal notice of the bank had denied his liability to make the payment for the mistake committed by the bank.