1990 (9) TMI 364

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....does not involve any disputed questions of facts instead on admitted facts the appellant is entitled to relief. 3. The appellant is the Sub-Distributors of M/s. Unimech Appliances, it has a Current Account No. 525 with the Indian Bank, Barkatpura Branch, Hyderabad. The appellant had been depositing money through cheques in its Current Account from time to time. During the period 15-1-87 to 13-5-87 the appellant had deposited cheques in the Indian Bank; the amounts under those were realised by the Bank and credited to the appellant's account but later on a sum of Rs. 12.95 lacs was transferred to the account of the respondent- M/s. Unimech Appliances. The appellant protested the transfer of the aforesaid amount on the ground that it h....

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....to honour its commitment. Ultimately, the appellant filed a Writ Petition for the issue of mandamus directing the respondent Bank, a Nationalised Bank for the issue of a direction to the Bank to deposit the disputed amount in its account. The Indian Bank resisted the appellant's claim on a strange plea that the disputed amount had been transferred to the respondents account on oral instructions of the appellant. As noted earlier the High Court dismissed the Writ Petition on the ground that the case involved disputed questions of facts. 4. The facts as noted earlier make it amply clear that the Bank had transferred the disputed amount of Rs. 12.95 lacs from the appellant's account to the account of respondent M/s. Unimech Applianc....