High Court Kerala High Court

K.Vikraman vs State Bank Of Travancore on 1 February, 2010

Kerala High Court
K.Vikraman vs State Bank Of Travancore on 1 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25511 of 2009(H)


1. K.VIKRAMAN,  S/O.KESAVA PILLAI,
                      ...  Petitioner

                        Vs



1. STATE BANK OF TRAVANCORE, KADAKKAVOOR
                       ...       Respondent

2. H.D.F.C.BANK LTD., KENTON TOWERS,

3. BANKING OMBUDSMAN, OFFICE OF THE

                For Petitioner  :SRI.LIJU. M.P

                For Respondent  :SRI.N.BALAKRISHNA PILLAI (KARIKKAMURI)

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :01/02/2010

 O R D E R
               Thottathil B. Radhakrishnan, J.

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                 W.P.(C) No. 25511 OF 2009
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           Dated this the 2nd day of February, 2010

                            JUDGMENT

The petitioner then stationed in the Kingdom of Saudi

Arabia obtained transit of money by way of foreign exchange

transfer valid at 60,000/- Indian Rupees through the 2nd

respondent HDFC Bank to be credited to the Savings Bank

Account of the petitioner in the 1st respondent-State Bank of

Travancore. On receipt of that cheque, the 1st respondent

sent it to the 2nd respondent for encashment. In the

meanwhile, at the request of the petitioner, the 1st respondent

discounted the cheque and gave credit to the SB Account.

Later, the 2nd respondent HDFC Bank returned the cheque as

an incomplete instrument, in as much as it did not contain the

signatures of both the counter signatories. The 1st respondent

State Bank of Travancore communicated that fact to the

petitioner by returning the cheque to him by registered post

and also made consequential reversal of the credit given by it

to the SB account of the petitioner. Thereafter, matters stood

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still and at later point of time the petitioner turned up before

the Banking Ombudsman and also disputed that he did not

obtain the cheque and allied materials sent by the 1st

respondent by registered post. In its turn, the 1st respondent

bank took up the matter with the Postal Department which then

states that more than six months having elapsed after

registration of the postal article, no further enquiry is possible

by the Postal Department. After hearing all the parties, the

Banking Ombudsman found no way to give relief to the

petitioner and accordingly closed the proceedings. Hence this

writ petition.

2. From the aforesaid it can be seen that the reversal

made by the State Bank of Travancore in the entries was

merely a reversal of the credit given by it on the basis of the

instrument on the bona fide belief that it would be encashed.

The HDFC Bank took the stand that the instrument was

incomplete and therefore it could not act on it. Obviously

therefore, the State Bank of Travancore could not be accused

WP(C) No. 25511 of 2009

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for making the reversal of the entries. The HDFC Bank was also

not criticised for not honouring the instrument because the

petitioner has no case that the instrument carried the

signatures of both persons who were required to sign it. With

this facts in mind, the HDFC Bank has stopped the payment of

the cheque in question and not released any funds referable to

that document or instrument. Hence, the petitioner’s remedy,

if any, can be only against the Bank or Institution which

collected the funds from him in Jeddah in the Kingdom of Saudi

Arabia. The State Bank of Travancore had made certain efforts

and the Alrajhi Commercial Foreign Exchange Bank has

informed the State Bank of Travancore that it has no branch in

Jeddah. Whatever that be, neither among respondents 1 and 2

can be responsible. Not only that, the fact remains that, the

cheque has not been encahsed through either among

respondents 1 and 2.

3. From the aforesaid reasons, preserving all the rights of

the petitioner to seek relief against the aforesaid Foreign Bank,

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or their appropriate counter part or agents in India, in

accordance with law, this Writ Petition is dismissed finding no

reason to interfere with the decision of the Banking

Ombudsman.

Thottathil B. Radhakrishnan,
Judge.

ttb

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