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Judgment
-THIS is an appeal against the order of 28th February, 1992 passed by the State Commission, Madhya Pradesh in Complaint No. 26/91. The State Commission declined to entertain this complainant on the ground that on the same facts a civil suit is pending before the Civil Court between the same parties.
THAT suit has been filed by the Opp. Party Punjab & Sind Bank for recovery of its dues in the cash credit account of the appellant. As the said suit is still pending and the issues in that suit are the same as in this complaint, the State Commission was quite correct in not entertaining the complaint. Furthermore, the complaint is that no amount was disbursed against the sanctioned cash credit of Rs. 75,000/- thereby causing serious loss to the complainant.
At the hearing the Counsel for the Appellant was not able to produce the letter from the Bank sanctioning the cash credit of Rs. 75,000/-. In a catena of cases we have held that the banks have considerable discretion in the matter of sanctioning of loans & granting cash credit facilities. They are only bound to follow the guidelines laid down by the Reserve Bank of India. The final decision whether or not to lend or advance any funds to any party rests with the Bank concerned. In view of this there is no merit in this appeal. The order of the State Commission is confirmed and the appeal is dismissed. The Appellant will pay a sum of Rs. 5,000/- to the Respondent by way of costs. Complaint dismissed.