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.