G. Surgiwear Limited vs State Bank of India and Others

B.C. Patel, C.J.—The petitioner carrying on business in Shahjahanpur, U.P. and having no business in Delhi has approached this Court. This is not a PIL at all as the grievances are personal to the petitioner.

Perusing the record, it appears that branches of State Bank of India at Amravati, Ernakulam, Tiruchirapalli, Chandrapur and South Extension, New Delhi or branches of other banks such as State Bank of Patila having office at New Delhi issued drafts in favor of the petitioner payable at the same bank at Shahjahanpur (Dist. Patna) having branch code No.8395.

The Petitioner has contended that the bank ought to have issued draft in the name of Town Hall, Shahjahanpur, U.P. having code No.3085. It is for the person who is taking out the draft from a particular bank to specify in his demand, letter or requisition that he intends to have a draft on a particular branch known by particular name. In Delhi, there may be several branches of the same bank but if person intends to have draft deposited in a particular bank or encased by a particular branch then he has to specifically name the branch and the code number so that the draft can be prepared accordingly and the same can be deposited in the branch and the amount can be credited immediately. If the branch is different then it will go for collection and credit will not be given immediately. Again, it is the duty of the person who is making payment in the bank for preparing the draft to indicate the name of the bank or the place of the bank or the code of the bank. If one simply says that the draft may be made payable at Shahjahanpur then the bank preparing the draft will simply locate the name Shahjahanpur and fill in the branch code for it in the draft. The confusion in this case has arisen because there are several Shahjahanpur''s. Thus, it is for the person who is getting the draft prepared to specifically indicate that the draft should be made payable at a particular branch and the city. In the instant case at "Townhall, Shahjahanpur, U.P.".

The Petitioner has not taken out any draft. Some other persons who have taken out the drafts. In our view, Therefore, the remedy lies elsewhere and not PIL petition in this Court.

The petition stands dismissed.