Kerala High Court
Abhilash S. Pillai vs The Managing Director,The South Indian ... on 4 March, 2026
2026:KER:19251
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
WEDNESDAY, THE 4TH DAY OF MARCH 2026 / 13TH PHALGUNA, 1947
WP(C) NO. 20360 OF 2025
PETITIONER:
ABHILASH S. PILLAI
AGED 50 YEARS
S/O SANKARA NARAYANA PILLAI, ABHILASH BHAVAN ,
CHERIYANAD, ALAPPUZHA, PIN - 689511
BY ADV SMT.S.SUJINI
RESPONDENTS:
1 THE MANAGING DIRECTOR,THE SOUTH INDIAN BANK LIMITED
NEAR INFOPARK EXPRESSWAY, RAJAGIRI VALLEY P.O,KAKKANAD,
ERNAKULAM, KERALA, PIN - 682039
2 BRANCH MANAGER
THE SOUTH INDIAN BANK LTD; , SIB BUILDING , DOOR NO.
XXV 324A, CCSB ROAD, NEAR MUNICIPAL OFFICE , ALAPPUZHA,
PIN - 688001
3 BRANCH MANAGER
THE SOUTH INDIAN BANK LTD; DOOR NO. 12, WARD NO. XI,
AMBATTU BUILDING, COURT ROAD CHENGANNUR P.O.,
ALAPPUZHA, PIN - 689121
4 THE RESERVE BANK OF INDIA
BANERJI ROAD, ERNAKULAM NORTH , KALOOR , REPRESENTED BY
GENERAL MANAGER, PIN - 682018
5 FOREIGN EXCHANGE DEPARTMENT (FED)
KOCHI REGIONAL OFFICE , BANERJI ROAD, ERNAKULAM NORTH ,
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WP(C) NO. 20360 OF 2025
2
KALOOR , REPRESENTED BY GENERAL MANAGER, PIN - 682018
BY ADVS.
SHRI.SUNIL SHANKER
SHRI.M.GOPIKRISHNAN NAMBIAR
SMT.VIDYA GANGADHARAN
SHRI.THOMAS GLAISON
SHRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SHRI.PAULOSE C. ABRAHAM
SHRI.RAJA KANNAN
SHRI.PRANOY HARILAL
SMT.AKHILA NAMBIAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 20360 OF 2025
3
JUDGMENT
1. The Petitioner has filed this Writ Petition seeking compensation from the Respondent No.1/Bank, alleging that the Petitioner suffered loss on account of the delay in effecting transactions by the Respondent No.1/Bank. The Respondent No.1/Bank has filed counter affidavit opposing the prayers in the Writ Petition and raising the question of maintainability of the Writ Petition.
2. On going through the averments in the Writ Petition, I am of the view that, even if the Writ Petition is maintainable against the Respondent No.1/Bank, the question whether the Petitioner is entitled to get compensation from the Respondent No.1/Bank or not is a matter to be adjudicated in a properly instituted civil suit and it cannot be adjudicated in a Writ Petition.
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3. Accordingly, this Writ Petition is dismissed, leaving open all the contentions of the Petitioner to be agitated before the Civil Court. The Petitioner is free to seek exclusion of the period of pendency of this Writ Petition under Section 14 of the Limitation Act while filing the suit.
Sd/-
M.A.ABDUL HAKHIM JUDGE mus 2026:KER:19251 WP(C) NO. 20360 OF 2025 5 APPENDIX OF WP(C) NO. 20360 OF 2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE IRREVOCABLE LETTER OF CREDIT DATED 04.07.2018 EXHIBIT P2 TRUE COPY OF THE PROFORMA INVOICE DATED 08/10/2021 EVIDENCING THE DETAILS OF ORDER BAGGED BY THE PETITIONER EXHIBIT P3 TRUE COPY OF THE LETTER OF CREDIT DATED 28.10.2021 ADVISED THROUGH STATE BANK OF INDIA , TRADE FINANCE CENTRAL PROCESSING CENTRE EXHIBIT P4 TRUE COPY OF THE EMAIL COMMUNICATION FROM THE SUPPLIER IN CHINA COMMUNICATIONS DATED 25.10.2021, 23.11.2021, 7.12.2021, 08.12.2021, 21.12.2021, 4.01.2022, 06.01.2022, 10.01.2022 EXHIBIT P5 TRUE COPY OF THE EMAIL COMMUNICATION DATED 10.01.2022 EXHIBIT P6 TRUE COPY OF THE E-MAIL DATED 12.01.2022 EXHIBIT P7 TRUE COPY OF THE REPLY TO EXHIBIT P6 EXHIBIT P8 TRUE COPY OF THE E-MAIL DATED 13.11.2022 ADDRESSED TO THE 4TH RESPONDENT EXHIBIT P9 TRUE COPY OF THE CLOSURE INTIMATION OF COMPLAINT DATED 17.03.2023 ISSUED BY THE 4TH RESPONDENT EXHIBIT P10 TRUE COPY OF THE REPLY FURNISHED BY THE 4TH RESPONDENT DATED 28.03.2023 EXHIBIT P10(A) TRUE COPY OF THE COMPLAINT AND REPLY RECEIVED ADMINISTRATIVE REFORMS & PUBLIC GRIEVANCES CELL EXHIBIT P11 TRUE COPY OF THE LEGAL NOTICE DATED 13.11.2023 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT EXHIBIT P12 TRUE COPY OF REPLY DATED 15.12.2023 SENT BY THE 4TH RESPONDENT EXHIBIT P13 TRUE COPY OF THE REVISED GUIDELINES PERTAINING TO MERCHANTING TRADE TRANSACTIONS (MTT) AS PER RBI/2019-20/152 AP (DIR SERIES) CIRCULAR NO. 20 DATED 23.01.2020 EXHIBIT P14 TRUE COPY OF THE REGISTERED LETTER ADDRESSED 2026:KER:19251 WP(C) NO. 20360 OF 2025 6 TO THE 1ST RESPONDENT EXHIBIT P15 TRUE COPY OF THE REPLY SENT BY THE 1ST RESPONDENT HEREIN DATED 28.01.2025 EXHIBIT P16 TRUE COPY OF THE COMMUNICATION DATED 11.11.2021 ADDRESSED TO THE 3RD RESPONDENT EXHIBIT P17 TRUE COPY OF THE EMAIL ADDRESSED TO THE 3RD RESPONDENT BANK DATED 23.11.2021 EXHIBIT P18 TRUE COPY OF THE EMAIL COMMUNICATION DATED 02.12.2021.
EXHIBIT P19 TRUE COPY OF THE LC NO. 951-01-0091428 DATED 03.07.2018 PERTAINING TO A MTT TRANSACTION FOR USD 4,19,003.50 EXHIBIT P20 TRUE COPY OF THE VARIOUS E-MAIL COMMUNICATION THAT TRANSPIRED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT BANK PERTAINING TO EXHIBIT P19 TRANSACTION.
EXHIBIT P21 TRUE COPY OF THE FORM 15 CA AND CB NO.
390540751181218 DATED 18.12.2018 FILED IN RESPECT OF THE FOREIGN REMITTANCES EXHIBIT P22 TRUE IST OF THE EXPORT TRANSACTIONS MADE BY THE PETITIONER COINED IN AN EXCEL SHEET EXHIBIT P23 TRUE COPY OF THE EMAIL RECEIVED FROM SIB ON 06.11.2021 REGARDING RECEIPT OF SWIFT OF FOREIGN FUNDS OF USD 155120.00, AND SUBSEQUENT MAIL SENT TO SIB ON 10.11.2021 REQUESTING TO PARK AN AMOUNT OF USD 81000 THE PETITIONER'S EEFC ACCOUNT RESPONDENT EXHIBITS EXHIBIT R 4 (A) TRUE COPY OF THE LETTER DATED 16.11.2021 SENT BY THE INTERNATIONAL BANKING DIVISION OF THE IST RESPONDENT BANK TO THE ANSWERING EXHIBIT R 4 (B) TRUE COPY OF THE LETTER DATED 01.12.2021 ISSUED BY THE ANSWERING RESPONDENTS TO THE INTERNATIONAL BANKING DIVISION OF THE 1ST RESPONDENT BANK EXHIBIT R 4 (C) TRUE COPY OF THE EMAIL DATED 23.12.2021 FROM THE 2ND RESPONDENT TO THE ANSWERING RESPONDENTS EXHIBIT R 4 (D) TRUE COPY OF THE REPLY DATED 28.03.2023 SENT BY THE 4TH RESPONDENT TO THE PETITIONER