Supreme Court - Daily Orders
Prem Singh vs Axis Bank Ltd. on 30 January, 2018
Bench: Adarsh Kumar Goel, Uday Umesh Lalit
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.1360 OF 2018
(@ SPECIAL LEAVE PETITION (CIVIL) NO. 8847 OF 2015)
PREM SINGH ...APPELLANT(S)
VERSUS
AXIS BANK LTD. & ANR. ...RESPONDENT(S)
WITH
CIVIL APPEAL NO.1364 OF 2018
(@ SPECIAL LEAVE PETITION (CIVIL) NO.20538 OF 2015)
CIVIL APPEAL NO.1363 OF 2018
(@ SPECIAL LEAVE PETITION (CIVIL) NO.20541 OF 2015)
CIVIL APPEAL NO.1361 OF 2018
(@ SPECIAL LEAVE PETITION (CIVIL) NO.20539 OF 2015)
CIVIL APPEAL NO.1362 OF 2018
(@ SPECIAL LEAVE PETITION (CIVIL) NO.20540 OF 2015)
O R D E R
Leave granted.
Heard learned counsel for the parties. The appellant(s) had an account with the respondent-bank. They made a complainant that an amount was withdrawn from their account unauthorizedly and credited to the account of one Signature Not Verified Digitally signed by MADHU BALA Date: 2018.01.31 16:54:06 IST Gurwinder Singh. The District Forum held that the Reason: cheque(s) on the basis of amount was transferred did not carry signature of the appellant(s) and granted 2 the compensation claimed by the complainant. The State Commission reversed the finding of the District Forum and held that since experts of both sides differed, their opinion could not be accepted as conclusive. However, no finding was recorded whether in the assessment of the State Commission, the signatures were comparable. The State Commission also observed that Gurwinder Singh was not impleaded as party on account of which the complainant could not be given relief. This order has been upheld by the National Commission.
We are of the view that Gurwinder Singh ought to be added as a party and the State Commission may itself examine whether the Bank was justified in debiting the account of the appellant(s).
Accordingly, we set aside the impugned order and remand the matter back to the State Commission. The State Commission may implead Gurwinder Singh as a party and also compare the signatures on the cheques. The State Commission may thereafter decide the matter on merits in accordance with law.
Parties are directed to appear before the State Commission for further proceedings on Monday i.e. 5th March, 2018.
The address and other particulars of the Gurwinder Singh may be furnished by the respondent-bank as he is holding an account with the 3 bank.
The appeals are, accordingly, disposed of.
…...................J. [ADARSH KUMAR GOEL] NEW DELHI …...................J. 30th JANUARY, 2018 [UDAY UMESH LALIT] 4 ITEM NO.5 COURT NO.11 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8847/2015 (Arising out of impugned final judgment and order dated 11-12-2014 in RP No. 7/2011 passed by the National Consumers Disputes Reddressal Commission, New Delhi) PREM SINGH Petitioner(s) VERSUS AXIS BANK LTD. & ANR. Respondent(s) WITH SLP(C) No. 20538/2015 (XVII) SLP(C) No. 20541/2015 (XVII) SLP(C) No. 20539/2015 (XVII) SLP(C) No. 20540/2015 (XVII) Date : 30-01-2018 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Raghavendra S. Srivastava,Adv.
Mr. Amit A. Pai,Adv.
Mr. Rahat Bansal,Adv.
Ms. Pankhuri Bhardwaj,Adv. Mr. Ardhendumauli Kumar Prasad, AOR Mr. Namit Saxena,Adv.
Mr. Anish R. Shah,Adv.
For Respondent(s) Mr. A.Tewari,Adv.
Ms. Eliza Bar,Adv.
Mr. Shree Pal Singh, AOR UPON hearing the counsel the Court made the following O R D E R 5 Leave granted.
The appeals are disposed of in terms of the signed order.
Pending application(s), if any, shall also stand disposed of.
(MADHU BALA) (PARVEEN KUMARI PASRICHA) COURT MASTER (SH) BRANCH OFFICER (Signed order is placed on the file)