Recovery of money suit
basavaraj shiromani
(Querist) 24 November 2013
This query is : Resolved
The State Bank of India through its branch manager filed a recovery suit. The defendant totally deny the suit of the plaintiff. In this suit, whether authorization letter is required for the branch manager to file a recovery suit under state bank of india act 1955 ?
malipeddi jaggarao
(Expert) 25 November 2013
If the Bank files a suit for recovery, the plaint has to be signed by the person who is vested with such powers. Every Branch Manager will not be given such powers. It is not under the Act, but it is as per the administrative set-up of the each bank; the Board delegates such authority to specified officers. The Branch Manager might have taken care of all these aspects.
When the defendant is denying the debt itself; why to go into legalities about filing the suit?
Rajendra K Goyal
(Expert) 25 November 2013
Branch Manager of State Bank of India are authorized to file suit. No separate POA or authorization letter is required.
Punjab-Haryana High Court State Bank Of India vs Kashmir Art Printing Press, Sirsa ... on 12 February, 1981 Equivalent citations: AIR 1981 P H 188, 1983 54 CompCas 56 P H
Orissa High Court
Umesh Chandra Misra vs State Bank Of India And Anr. on 23 June, 1986
Equivalent citations: AIR 1987 Ori 67
T. Kalaiselvan, Advocate
(Expert) 26 November 2013
The Branch Manager can file a suit on behalf of the Bank, there is no technical lacunae in it. The defendant has to defend himself so he will deny the liability, but it is you who have got to prove your case.
