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2020 (11) TMI 1104 - DELHI HIGH COURTSeeking reverse/transfer back the amount wrongly transferred/credited - Amount credited in the account of respondent No.4 maintained with respondent No.2 bank to the current account of the petitioner maintained with respondent No.3 bank - petitioner has broadly stressed that this is a bona fide mistake - HELD THAT:- The facts show that the averments of the petitioner lack complete bona fide. Other than a bald averment claiming that the said amount has been sent by an error there is nothing on record to show any error committed by the petitioner. In fact a plea was strongly raised that the money was to be transferred to a company Paras Milk and Food Corporation. There is no material placed on record to show any such intention or liability on the part of the petitioner to transfer funds to Paras Milk and Food Corporation. As manifest that this is a bald plea being made by the petitioner that by oversight and mistake, the said sum was inadvertently transferred to the account of respondent No.4 cannot be accepted. The contentions of respondent No.1 that respondent No.4 is merely an entry provider, as is apparent from the facts stated in the counter affidavit throw further doubt on the averment being made by the petitioner. It is also clear that there are highly disputed questions of facts which have been raised by the petitioner. There is no merit in the present petition. Given the fact that there are disputed questions of fact, liberty is granted to the petitioner to take steps, as per law, for recovery of the alleged claims before an appropriate forum/appropriate Civil Court.
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