Delhi HC orders ICICI Bank to reverse ₹3.89 lakh wrong transfer by wholesale firm
Synopsis
Key Takeaways
The Delhi High Court has directed ICICI Bank to reverse a transaction of ₹3,89,981 that was inadvertently sent by a wholesale firm to the wrong beneficiary, after the unintended recipient failed to produce any documents substantiating its claim that the payment was correctly made to it.
What Happened
The case stems from a transfer made on 23 November 2023 by M/s MK Wholesale, which had intended to pay M/s V.K. Enterprises but by error transferred the amount to M/s V.K. Traders. The petitioner promptly notified the recipient and requested a reversal, while its bank simultaneously approached ICICI Bank seeking the same. When the bank sought clarification, M/s V.K. Traders claimed the payment had been correctly made to it — a claim it was subsequently unable to back up in court.
The Court's Findings
A single-judge Bench of Justice Jasmeet Singh allowed the plea filed by M/s MK Wholesale. The court noted that on 18 July 2024, M/s V.K. Traders had been granted an opportunity to file supporting documents. Justice Singh observed: 'Despite more than 2 years neither any document has been filed by respondent No. 4 nor is anybody appearing on behalf of it.'
The court also took note of an indemnity bond dated 24 November 2023, issued by the petitioner's bank in favour of ICICI Bank, undertaking to indemnify the bank against any liability, loss, or damage arising from the reversal. The order stated that the bond 'shows the genuineness of the claim of the petitioner as well as the support of respondent No. 2.'
The Order and Its Conditions
The High Court directed ICICI Bank to reverse the transaction bearing UTR No. IDIBR52023112336321946 for ₹3,89,981. It simultaneously stipulated that the petitioner and its bank remain bound by their undertaking and would bear consequences if the amount was found to have been wrongly reversed.
Interest Claim Rejected
Advocate Ujwal Ghai, appearing for the petitioner, had also sought interest on the delayed amount. The High Court declined that relief, stating there was 'no fault attributable to any of the respondents' and that the transfer was 'an inadvertent mistake on part of the petitioner.'
The ruling underscores the legal obligation on recipient banks and unintended beneficiaries to actively cooperate in correcting erroneous transfers — and signals that courts will not allow prolonged inaction to shield unjust enrichment.