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Judgment
Heard learned counsel for appellant bank, learned counsel for respondent no. 1, the complainant and Authorised Representative for respondent no.
2, BSNL.
Today, the matter has been heard in respect of interim relief sought by the appellant.
Learned counsel for the appellant has referred to the complaint petition as well to the discussions made in the impugned order and on that basis he
submits that major allegation of fraud is against BSNL and except for a circular of RBI creating a duty upon the bank in some circumstances, to
refund the money lost by fraud, no other finding is against the appellant. His submission is that in the last part of the order of learned Adjudicating
Officer has erred in directing the bank alone to share the entire liability which was subject matter of fraud and has erred in not fixing suchÂ
liability and issuing an appropriate directions upon BSNL even if it is held that the complainant was not at fault and has not contributed to the
negligence.
Prima facie, the aforesaid submission cannot be used to deprive the complainant of the benefit of the order even if there is a distinct probability
that the liability created upon the bank may have to be shared by the BSNL as well.Â
In such circumstances, BSNL is put to notice to meet the aforesaid case of the appellant by filing appropriate reply, which shall be considered
at the stage of final hearing. The complainant respondent no. 1 should also file his reply keeping in view the aforesaid submissions. Replies may be
filed within six weeks, as prayed.
So far as interim prayer is concerned, in view of RBI circular and findings given by the learned AO, it is deemed just and proper that the decretal
amount awarded against the appellant bank be deposited in an interest bearing bank account by the Registrar of TDSAT and for that purpose
appellant bank is granted four weeks' time to deposit the money with the Registrar of TDSAT. Such deposit alongwith interest shall abide by final
order in this appeal. If such deposit is made within the time granted, the Court of learned AO shall not proceed with any execution application which
may be filed for realisation of the decretal amount. This interim arrangement shall continue during the pendency of the appeal. The interim prayer is
disposed of accordingly.
Post the matter before the Court of Registrar on 10.3.2022 for passing necessary orders and directions to make the appeal ready for hearing.