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september 2008

Supreme Court of India · 2008-09-23

BANK OF INDIA vs M/S. MEHTA BROTHERS .

Citation / case number
SC 2001/3840
Court
Supreme Court of India
Petitioner
BANK OF INDIA
Respondent
M/S. MEHTA BROTHERS .
Author
TARUN CHATTERJEE
Bench
TARUN CHATTERJEE,DALVEER BHANDARI, , ,

Judgment text excerpt

The Supreme Court ruled that under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, the Bank of India is entitled to recover the amount paid under the Letter of Credit due to the failure of the respondents to comply with the terms stipulated in the Uniform Customs and Practice for Documentary Credits. The Court established that discrepancies in the documents presented by the respondents constituted a breach of the Letter of Credit, thus justifying the Bank's refusal to honor the claim. The appeal was allowed, and the respondents were directed to reimburse the Bank the amount paid.

BANK OF INDIA vs M/S. MEHTA BROTHERS . · Niyam