Bombay High Court
BESSY KUZHIMANNILE MATHEWversusBANK OF BARODA THROUGH ITS AUTHORIZED OFFICER
- Disposal
- DISPOSED OFF
Holding
The court accepted the Bank's undertaking to refund the principal amount and allowed the petitioner to pursue the interest claim separately.
Summary
The petitioner, Bessy Kuzhimannile Mathew, paid a sum as sale consideration to Bank of Baroda and later sought a refund of that amount along with interest. The Bank, through its counsel, undertook to refund the principal amount within four weeks, which the court accepted as a binding undertaking. The petitioner agreed to accept the principal refund but requested leave to pursue a claim for interest and ancillary charges. The court directed the petitioner to return the sale certificate issued by the Bank and permitted him to initiate separate proceedings for the interest component, noting that any limitation issues could be considered in light of the pending petition. As the principal amount issue was resolved and nothing further remained for adjudication, the writ petition was disposed of.
Issues considered
- Whether the principal amount paid as sale consideration can be refunded by the Bank.
- Whether the petitioner is entitled to claim interest on the refunded principal.
Subjects
- refund
- sale consideration
- interest claim
- writ petition
- banking
- limitation
Judgment
2026:BHC-AUG:4032-DB
930-WP-15430-25.odt
{1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
930 WRIT PETITION NO. 15430 OF 2025
Bessy Kuzhimannile Mathew
VERSUS
Bank Of Baroda Through Its Authorized Officer
......
Mr. Rajat J. Malu, Advocate for Petitioner
Mr. Satyajeet Vakil, Advocate for Respondent
......
CORAM : SMT. VIBHA KANKANWADI AND
HITEN S. VENEGAVKAR, JJ.
DATE : 28 JANUARY, 2026
PER COURT [Per Hiten S. Venegavkar, J.] :-
1. After hearing the learned advocate for the petitioner, it was
appropriate to inquire with the advocate for the respondent appearing
for the Bank as to whether the amount which has been paid towards the
sale consideration can be refunded in principal. Learned advocate
appearing for the Bank, upon taking instructions, makes a statement
that the principal amount that has been paid towards sale consideration
will be refunded by the Bank within a period of four weeks from today.
The said statement is accepted as an undertaking to this Court.
2. Learned advocate for the petitioner, upon instructions, makes a
statement that at present the petitioner will accept the amount so
deposited as sale consideration in principal. The petitioner’s advocate
seeks leave of this Court to agitate his claim regarding the interest
component on the principal amount.
930-WP-15430-25.odt
{2}
3. As the petitioner has agreed to accept the principal amount
deposited by him with the respondent Bank, the petitioner is directed to
return the sale certificate issued by the Bank in his favour.
4. The petitioner is at liberty to adopt appropriate proceedings for
the recovery of the interest component along with ancillary charges
from the respondent Bank. In case any question of limitation arises, the
pendency of the present petition may be taken into consideration while
deciding the same.
5. In view of the above, nothing survives for adjudication in the
present petition. Accordingly, the writ petition stands disposed of.
[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ]
JUDGE JUDGE
S P Rane
Checking your session…