HINDUSTAN YARN TWISTING CO Vs. ALLAHABAD BANK

JUDGEMENT

(1.) Vide order dated 22.5.2003 the Forum dismissed the complaint petition with direction to the parties to get their disputes raised in this proceedings decided by the learned Civil Judge, Senior Division, 2nd Court, Howrah in Title Suit No.64/1998. The complainants allege that though the Bank sanctioned credit facility for a sum of Rupees Four lacs forty thousand on 3.2.1989 but in fact allowed credit facility for Rs.2.70 lacs and demanded other securities. So for want of credit facilities they have suffered heavy financial loss in their business. They termed the act of the Bank/opposite party as deficiency of service. The Bank contested the case.

(2.) The Forum noticed that the Bank has already instituted a civil suit for recovery of Rs.5,72,580.79 against the present complainant. They appeared in that suit which is pending before a competent Civil Court. It appears that relying on the several decisions of the National Commission the Forum declined to adjudicate the dispute mainly on the ground that the issues involved in both the cases are similar. Moroever complicated questions of law and facts would arise. We have perused the judgment which appeared to be a reasoned judgment. In our view there is no merit in the appeal which is accordingly dismissed ex parte.