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Supreme Court of India 2020-05-06 allowed

Punjab National Bank & Ors vs Atmanand Singh & Ors

Bench: 2 — A.M. Khanwilkar, Dinesh Maheshwari

In Brief

A bank challenged a High Court judgment ordering it to refund approximately Rs. 15 lakhs deposited by a customer, supposedly under an alleged 1990 agreement. The bank denied the agreement's existence and alleged the documents were forged. The Supreme Court held that when a writ petition involves disputed questions of complex fact, where foundational documents are alleged to be fabricated and affidavits from bank officials deny the core claims, the High Court should not entertain the petition for mere money refund. Instead, parties should pursue a civil suit where all defenses can be appropriately raised. The Court set aside the High Court's judgment and dismissed the writ petition, allowing the respondent to file a civil suit uninfluenced by the High Court's factual observations.

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Writ Jurisdiction Article 226 Civil Procedure Mandamus Admirability Banking Law Disputed Facts

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