NDLI: Punjab National Bank & Ors. Vs. Atmanand Singh & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Writ
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Writ – Jurisdiction of – When the petition raises questions of fact of a complex nature – Respondent no. 1 alleged that he had taken a term loan of Rs.10,000/- from the Bank in 1984 – In 1990, the term loan with interest had mounted upto a figure of Rs.13,386/- – In 1989, respondent no. 1 was granted two cheques of Rs.5000/- each as Earthquake Relief Fund – The said two cheques were deposited with Bank for encashment, however, the said amount of cheques were transferred to the loan account and the same was done without any authorisation – It was also alleged by respondent no. 1 that he approached bank with Rs.14,93,000/- for issuance of two bank drafts – However, the Bank transferred the said amount to the loan account – Thereafter, respondent no. 1 approached the District Magistrate – Respondent no.1 alleged that his basic assertion was found correct and liability was accepted by the bank, and it was reduced to an agreement dated 27.05.1990 – However, a writ petition was filed by respondent no.1 when Bank refused to honour the agreement – The Bank denied the allegation of transfer of proceeds of two cheques of Rs.5000/- to loan account and also denied the allegation of deposit of Rs.14,93,000/- by respondent no. 1 – The Bank explicitly denied the genuineness and existence of the documents annexed to the writ petition and asserted the same as forged, fabricated and manufactured documents – The Single Judge of the High Court allowed the writ petition – Aggrieved, the Bank filed LPA before the Division Bench of the High Court which was dismissed – On appeal, held: The Bank had categorically denied the case set up by the respondent no. 1 in the writ petition in toto; and moreso the stand taken by the Bank could be substantiated on the preponderance of probabilities – In other words, the case set up by the respondent no. 1 in the writ petition is neither an admitted position nor it is possible to even remotely suggest that it is indisputable, so as to bind the Bank on that basis – Also, the District Magistrate in the affidavit clearly denied the existence of the stated proceedings for want of contemporaneous official record in that regard – This aspect was not taken into account by the High Court – From the narration of facts, it is clear that it would involve security of complex matters and issues including about the existence of the very agreement, which is the foundational evidence for seeking relief as prayed in writ petition – The High Court committed manifest error in disregarding the core jurisdictional issue that the matter on hand involved complex factual aspects, which could not be adjudicated in exercise of writ jurisdiction – The High Court should have relegated the parties to other alternative remedy as may be permissible in law – Thus, the impugned decisions of the Single Judge and the Division Bench of the High Court are set aside.
Judge	Hon'ble Mr. Justice A.M. Khanwilkar
Neutral Citation	2020 INSC 387
Petitioner	Punjab National Bank & Ors.
Respondent	Atmanand Singh & Ors.
SCR	[2020] 7 S.C.R. 674
Judgement Date	2020-05-06
Case Number	2410

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