PUNJAB NATIONAL BANK Vs. SATINDER KUMAR

JUDGEMENT

(1.) This is an application filed for impleadment of Senior Post Master, the Mall Shimla as well as Chief Manager, Bank of India, Overseas Branch, Mittal Tower, C -wing 3rd Floor. Nariman Point, Bombay. Admittedly both of them were not the parties before the District Forum below.

(2.) Even other wise facts giving rise to this appeal wherein the application in question has been filed are within a narrow compass. With the appellant as his banker, the respondent deposited a draft dated 18.2.2002 for 700 sterling pounds. This was deposited on 18.3.2000, expecting that it will be credited seen to his bank Account No. 57883 by the appellant. But even after almost more than one year when needful was not done, complaint was filed by the respondent. Stand of the appellant bank before the District Forum below was that since the refund of sterling 700 already been received by the respondent, therefore the complaint does not survice and was liable to be dismissed. In its reply on merits, case of the appellant was that since the draft in question was payable by the Bank of India, Overseas Branch, Mittal Tower. C -wing 3rd Floor, Nariman Point, Bombay issued by Westminster Bank, London, and was sent for collection to Bombay by the appellant, it was lost in transit by the Postal authorities. As such the negligence is that of the Postal authorities and not of the appellant - bank who in good faith despatched the Bank draft in ordinary process of business of the bank.

(3.) Additional plea of the appellant -bank in its reply to complaint was again that since the aforesaid amount of 700 sterling pounds has been refunded to the appellant on 13.7.2001 vide Annexure R -1, therefore, nothing served in the complaint which was liable to be dismissed.