Delhi District Court
Agbm Recreational And vs Shri Vinay Kumar Gupta on 23 November, 2011
IN THE COURT OF MS SWATI KATIYAR CIVIL JUDGE III TIS HAZARI COURTS
DELHI
SUIT NO.1177/06
DATE OF INSTITUTION : 04.07.2006
DATE ON WHICH RESERVED : 11.11.2011
DATE OF DISPOSAL : 23.11.2011
AGBM RECREATIONAL AND
SOCIAL FRIENDSHIP CLUB LTD.
THROUGH ANIL KUMAR GUPTA
MANAGING DIRECTOR
POCKET-A-1/11, SECTOR-3
ROHINI, DELHI - 110085.
...... PLAINTIFF
VS
1. SHRI VINAY KUMAR GUPTA
BRANCH MANAGER
ICICI BANK
SECTOR-8, ROHINI
DELHI-110085.
2. GENERAL MANAGER/CHAIRMAN
ICICI BANK LTD.
A-WING, 4TH FLOOR
AUTUMN ESTATE
CHANDIVALI FARM ROAD
1/6
OFF. SAKI - VIHAR ROAD
ANDHERI (EAST)
MUMBAI-400072
3. ICICI BANK LTD.
A-WING. 4TH FLOOR
AUTUMN ESTATE
CHANDIVALI FARM ROAD
OFF. SAKI - VIHAR ROAD
ANDHERI (EAST)
MUMBAI-400072
..... DEFENDANTS
SUIT FOR MANDATORY AND PERMANENT INJUNCTION
JUDGMENT
1. Plaintiff is a company incorporated under Companies Act, 1956 vide certificate of incorporation dated 24.07.01 and certificate of commencement of business dated 10.08.01. Plaintiff company was incorporated in selling recreational and friendship service in addition to their pages. It is submitted that defendant no.3 is a bank engaged in selling the banking services to its customers and defendant no.1 and 2 are the officers of defendant no.3 responsible for its day to day affairs. It is submitted that plaintiff with the intention to purchase banking services of defendants and on inducement of representatives of defendant no. 3 opened a current account no.629805015032 at Rohini Branch of defendant no.3.
2. Plaintiff submits that he started using the services of defendant no.3 as its 2/6 banker and the business transactions were also being handled through defendant no.3. It is submitted that in due course of business, defendants committed a number of offences and caused damages to the plaintiff due to which plaintiff filed a number of criminal cases including a criminal case under section 406/420 IPC due to loss caused through Member Establishment Card Swipe Machine. Another case was filed against the defendants under section 409/420/384/120-B IPC for causing harassment and torture to the plaintiff for issuing statement of account and withdrawal of a particular account from the account of the plaintiff without his knowledge and consent.
3. It is submitted that with intention to cause further loss to the plaintiff, defendants issued a letter dated 28.06.06 to the plaintiff in which it was unilaterally declared by them that the above mentioned current banking account of the plaintiff established closed from on or after 13.07.06. It was further declared that the Debit cum ATM card of the plaintiff has been deactivated without the knowledge and consent of the plaintiff. Plaintiff submits that he was further directed not to issue any more cheque from the said account and to destroy the remaining unused cheques.
4. It is submitted that the letter of the defendant dated 28.06.06 is illegal and malafide and has been issued to cause business loss to the plaintiff by illegal means. It is submitted that defendants do not have any legal right to close account of the plaintiff unilaterally and are liable to give not only banking services to the plaintiff but such services must be of highest quality and standard. It is submitted that with malafide intention, the defendants had filed a statement of account which carries a noting that account of the plaintiff has been closed on 15.07.06 even though there is balance of Rs.17386/- in the account of the plaintiff as reflected in the statement of account, which amount has not been withdrawn by the plaintiff till date. Thus feeling aggrieved, plaintiff 3/6 has filed the present suit seeking relief that defendant be directed to reopen the current account of the plaintiff bearing no.629805015032 maintained at Sector -8, Rohini Branch of defendant no.3 which was closed on 15.07.06 by the defendants. It is further prayed that defendants be directed to reactivate Debit cum ATM Card and be restrained from creating any hindrance in the smooth operation of the bank account or use of Debit cum ATM Card and cheque book by the plaintiff.
5. Per contra, defendant no.1 to 3 submit that the present suit is not maintainable against defendant no.1 since defendant no.1 has left the services of defendant no.3 and thus he cannot be sued in his own name. It is submitted that suit is barred by principle of resjudicata since plaintiff has already availed its remedy before the District Consumer Redressal Forum, Shalimar Bagh, Delhi and thus he cannot file a separate suit for the same period.
6. Defendants further submit that plaintiff has suppressed material facts from the court in as much as plaintiff was involved in immoral activities due to which the account of the plaintiff had to be closed by the defendant. It is further submitted that plaintiff is seeking an impossible relief since as per the bank policy, an account which has been closed cannot be reopened and only a fresh account can be opened as per requirement. It is submitted that facts of the case are such that plaintiff is not entitled for a fresh account. It is further submitted that plaintiff was allowed to open a current account on the assurances of the plaintiff that it shall not be misused and only legal business shall be transacted from the said account. However, in utter disregard to his commitment, the plaintiff started using the account for illegal and immoral purposes. It is submitted that the bank account was being misused to credit the account being received from the customers for immoral trafficking/trade and for running sex racket in the name of friendship club for youth qua which a 4/6 sum of Rs.1800/- was being charged by the Plaintiff.
7. Defendants further submit that time and again, plaintiff was giving advertisement in the Newspaper and the Risk Containment Unit of defendant no.3 noticed the same and came to know that the account maintained by them was being used for the above said purposes. It is submitted that due to such business of the plaintiff the name of defendant no.3 was being maligned and thus in accordance with bank induced current account closure Process under the heading 'unsatisfactory conduct', the account of the plaintiff was closed by the defendants after giving due notice to the plaintiff vide its letter dated 28.06.06.
8. It is submitted that the letter dated 28.06.06 was accepted by the plaintiff and the account stands closed w.e.f. 13.07.06. It is submitted that plaintiff has filed the present case to pressurize defendant no.3 to justify its illegal acts. It is denied that defendants had caused any loss to the plaintiff and on these counts, it is prayed that the suit be dismissed with costs.
9. Replication was filed denying the contents of the written statement and reiterating the plaint. On completion of pleadings, following issues were framed on 13.01.2011 viz.:
1 Whether the present suit is not maintainable being barred under section 11 CPC?OPD 2 Whether the plaintiff is entitled for relief of mandatory injunction as prayed?OPP 3 Whether the plaintiff is entitled for relief of permanent injunction as prayed?OPP 4 Relief.5/6
10. Despite repeated opportunities granted to the plaintiff since 13.01.2011, the plaintiff failed to lead any evidence in support of its claim. The defendants as well waived off their right to lead defendant's evidence. Final submissions were advanced on behalf of defendants but plaintiff failed to make any submissions despite grant of repeated opportunities.
11. Since the plaintiff has failed to lead any evidence in support of its claim, therefore, the onus placed upon the plaintiff vide Issue no. 2 & 3 has not been discharged by the plaintiff. Thus, due to lack of evidence the issues are decided against the plaintiff. The suit accordingly stands dismissed. Parties to bear their own costs. Decree Sheet be prepared accordingly. File be consigned to Record Room.
Announced in the Open Court today i.e. 23.11.2011 (Swati Katiyar) CJ (West)III/Delhi 23.11.2011 6/6