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Showing contexts for: Fake cheques in Shri Anup Kumar Roy, Mahamaya Agencies, ... vs The Senior Branch Manager, Bank Of ... on 29 January, 2013Matching Fragments
Pal,J , This appeal has arisen from the judgment dated 05-09-2012 rendered by the District Forum, West Tripura, Agartala in C.C-22 of 2010 holding the bank of Baroda responsible for gross negligence and deficiency of service and awarding repayment of the money paid out fraudulently with and compensation, interest and cost.
2. The appellant is proprietor of M/S Mahamaya Agencies having a C.C. account No-10320500005254 in the bank of Baroda, Agartala. The appellant claims to be a reputed business house having distributorship of several world famous companies like Castrol India Ltd., Bosch Ltd, SKF India Ltd,Purolator India Ltd, Gabriol India Ltd and TIDC Ltd. During a long period of 30 years the agency transacted business through this bank with no occasion of its cheque having bounced ever. But on 29-01-2010 the appellant agency issued a cheque No-505676 for Rs.16,00,370/- only in favour of the Bosch Ltd,Gawahati, Assam on the above account but in spite of having sufficient amount on the credit side of the account the cheque was dishonored by the bank without intimating the appellant the reasons, therefore. It came to the knowledge of the appellant only on 30-01-2010 from Bosch Ltd. During enquiry at the instance of the appellant it came to be established that the bank allowed huge amount to be paid to unknown individuals against three fake cheques. On 09-01-2010 Rs.4,75,000/- was allowed against cheque No-505699, on 13-01-2010 Rs.7,45,000/-