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A person taking fradulantly benefit from bank is its debtor

Raj Kumar Makkad ,
  24 November 2010       Share Bookmark

Court :
Bombay High Court
Brief :
Fraudulent bank transactions-Whether the Appellate Tribunal was justified in deciding the matter in favour of the Respondents?
Citation :
Amit H. Jhaveri of Mumbai and Brader Incorporated Vs. Bank of Baroda a Banking Company (Decided on 12.10.2010) MANU/MH/1262/2010

Held that after referring to the facts of the case and precedents of various cases held that the Petitioners were the direct beneficiaries of the fraudulent transaction. When a person takes financial benefits for the purpose of business by fraudulent means or otherwise, then such a person can be said to be a debtor of the bank. It is not mandatory that unless and until all necessary documents are executed at the time of taking financial help the alleged fraudulent transaction can also be covered under the definition of debt. There is no infirmity in the order passed by the Appellate Tribunal. Petition was dismissed.

 
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Published in Civil Law
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