1990 (9) TMI 364

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..... urt of Andhra Pradesh dismissing the appellant's Writ Petition on the ground that it involved disputed questions of facts which could be determined by the Civil Court in a suit. After hearing learned Counsel for the parties and having perused the material on record we find that the case does not involve any disputed questions of facts instead on admitted facts the appellant is entitled to reli .....

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..... formed the appellant that the transfer had been made in an unauthorised manner and the same will be recruited to its account within two months. The letter runs as under: Indian Bank Bakatpura, Hyderabad Dated: 21-12-1987 M/s. Hyderabad-Commercials, Hyderabad. Dear Sir, We have today inform you that we have unauthorisedly debited your account from Jan., 87 to June, 87 on variou .....

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..... to recredit the disputed amount to the appellant's account the Bank failed to honour its commitment. Ultimately, the appellant filed a Writ Petition for the issue of mandamus directing the respondent Bank, a Nationalised Bank for the issue of a direction to the Bank to deposit the disputed amount in its account. The Indian Bank resisted the appellant's claim on a strange plea that the dis .....

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..... y back the disputed amount to the appellant. Initially the Bank accepted its mistake and admits its liability and assured the appellant to credit the amount to its account but later on it resiled and raised a strange plea of oral authority simply with a view to defeat the appellant's claim. It is difficult to believe that a sum of ₹ 12.95 lacs could be transferred to the account of an ot .....

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..... to file suit on ground of disputed questions of fact. The respondent Bank is an instrumentality of the State and it must function honestly to serve its customers. 6. We, accordingly, allow the appeal, set aside the order of the High Court and direct the Indian Bank to recredit the disputed amount of ₹ 12.95 lacs to the appellant's account within three weeks from today along with inte .....

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