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2012 (11) TMI 367 - HC - Indian LawsWhether the Original Application filed by the Bank of India before the Tribunal is based on the same cause of action for which the Bank of India had filed the Suit before the Singapore High Court ? - Held that:- It is clear from the facts hereinabove that the cause of action which led to the filing of the Suit in the Singapore High Court was the banking facilities made available by the Bank of India to the Singapore Company in terms of the sanction letter dated 3rd May, 2001 issued by the Bank and the other terms and conditions stipulated therein, while the cause of action for filing the Original Application was the non payment of the amount by the Indian Company after accepting the Bill of Exchange dated 20th June, 2001. Thus, the causes of action for filing the Suit in the Singapore High Court and the Original Application before the Tribunal are different and if this be so, O2 R2 CPC would not bar the Bank of India from afterwards filing the Original Application. It is not necessary for the Court to examine the contention of learned counsel for the Bank of India that the Bank of India had to institute the proceedings against the Indian Company, which was the acceptor of the Bill of Exchange, otherwise the liability of the Singapore Company to pay the amount to the Bank of India in terms of the sanction letter would stand discharged. The Tribunal, therefore, committed an illegality in dismissing the Original Application filed by the Bank of India for the reason that the relief claimed in the Original Application could have been claimed by the Bank of India in the Singapore High Court and the Bank could not afterwards sue for this relief and the Appellate Tribunal was justified in setting aside the judgment of the Tribunal and directing the Tribunal to decide the matter on merits.
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