TEK CHAND Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) FACTS as they emerge from the record of this case are that the appellant was having facility of ATM card for withdrawal of money from such machines of the respondent -Bank. Appellant claims that he lost the ATM card and his driving licence. His further case is that he informed the bank about the loss of ATM card and also lodged report with the Police about this loss. Appellant also claims that he had informed the Bank on 16.6.2005 alongwith a copy of the F.I.R.

(3.) WHILE contesting the claim of the appellant, stand of the respondent -Bank was that the appellant had divulged his PIN Code No. to someone and being a tour leader of trekkers possibility of his having divulged the same to a third party is also there. Thus, according to the respondent, the withdrawal of the amount was with the active connivance of the appellant. Further according to the learned Counsel for the respondent there is no fault on the part of his client. It may also be noted by way of passing reference that after the loss of ATM card as noted hereinabove, on the request of the appellant, a new ATM card with fresh and secret Pin Code No. was allotted to him. For determination of this appeal, it does not have any significance.