Bank of Bihar Ltd. v Tata Scob Dealers (Controlled Stock) Calcutta Ltd.

(1959)

CITATION AIR 1960 Cal 475

DATE OF JUDGEMENT 13 August,1959
COURT High Court of Calcutta
APPELLANT Bank of Bihar Ltd.
RESPONDENT Tata Scob Dealers (Controlled Stock)
Calcutta Ltd.
BENCH K Dasgupta, H Bose

INTRODUCTION-
In 1959, a Calcutta-based company, Tata Scob Dealers, entrusted the Bank of Bihar with
collecting a sizable sum from a client. However, the remittance went awry, with the Bank
sending only a fraction of the amount. Frustrated by the discrepancy, Tata Scob Dealers took the
Bank to court, alleging negligence and failure to follow instructions. The ensuing legal battle
hinged on the Bank's duty of care and the clarity of communication during the initial transaction.
Ultimately, the High Court of Calcutta ruled in favor of Tata Scob Dealers, holding the Bank
liable for the un-remitted sum and highlighting the importance of clear communication and
responsible handling of customer funds in financial transactions. This case serves as a reminder
for both parties involved in financial agreements: precise instructions are crucial, and banks hold
a significant responsibility to act with due diligence and uphold their clients' trust.

FACTS OF THE CASE-

 In May 14, 1947, Tata Scob Dealers sent the Bank railway receipts and two bills,
accompanied by instructions to collect the money from Champaran Hardware Stores and
remit the entire amount to them.
 While the details of the sum and the source were clear, the method of remittance lacked
precision.
 The Bank successfully collected the money from Champaran Hardware Stores. However,
instead of remitting the complete sum as instructed, they sent only Rs. 300 to Tata Scob
Dealers. This significant discrepancy sparked the legal battle.
 Feeling cheated and neglected, Tata Scob Dealers took the Bank to court. Their claim
rested on two pillars:
Negligence: The Bank allegedly failed to follow their clear instructions for full
remittance.
 Breach of duty: The Bank, entrusted with their funds, had a duty to act with care and
fulfill their instructions completely.

ISSUES RAISED-
I. Did the Bank exercise due diligence and adhere to Tata Scob Dealers' instructions
regarding the remittance method?
II. Was the initial communication from Tata Scob Dealers sufficiently clear about their
expectations?
III. Does the Bank bear any liability for the un-remitted amount and any resulting damages?

CONTENTIONS OF THE APPELLANT-

Misinterpretation of instructions: The Bank argued that they misinterpreted Tata Scob Dealers'
instructions regarding the remittance method. They claimed that the initial communication
lacked clarity about whether they were specifically instructed to send the entire sum through a
particular method like draft or postal order, leaving them with discretion to choose the most
appropriate or convenient way.

Compliance with banking practices: The Bank defended their actions by citing standard banking
practices of the time. They argued that partial remittance followed by further instructions or
reconciliation was a common procedure in certain cases, especially when dealing with large
sums or specific types of transactions.

CONTENTIONS OF THE RESPONDENT-

Clarity of instructions: They likely emphasized the unambiguous nature of their initial
instructions, stressing that they explicitly requested full and immediate remittance of the
collected sum. This countered any claims of ambiguity or lack of clarity.

Breach of duty of care: Tata Scob Dealers argued that the Bank breached its duty of care by
deviating from their instructions and failing to prioritize their financial interests. This
emphasized the Bank's responsibility to handle entrusted funds with utmost attention and
diligence.

Negligence and financial loss: They presented evidence of financial losses due to the delayed and
partial remittance, potentially impacting their business operations and reputation. This
strengthened their claim for compensation for the un-remitted amount and any incurred damages.
JUDGEMENT-
In 1959, the High Court of Calcutta ruled in favor of Tata Scob Dealers in their dispute with the
Bank of Bihar over a partial remittance. The court found the Bank negligent in failing to adhere
to clear instructions and remit the full sum collected from Messrs. Champaran Hardware Stores.

The crux of the judgment rested on two key points: Clarity of instructions:

The court acknowledged the unambiguous nature of Tata Scob Dealers' initial request for full
and immediate remittance. Any ambiguity in communication was deemed inconsequential, as the
overall intention was clear.

Breach of duty of care: The Bank's deviation from instructions and failure to prioritize Tata Scob
Dealers' financial interests was deemed a breach of their duty of care. The court emphasized the
Bank's responsibility to handle entrusted funds with utmost diligence and respect client
instructions.

As a consequence of these findings, the court ordered the Bank to pay Tata Scob Dealers the
outstanding balance of Rs. 3316-12-9 along with interest and costs.

CONCLUSION-
The case served as a stark reminder to the entire financial sector. Banks, the court declared, must
adhere to customer instructions and prioritize their financial well-being. This 1959 verdict
reverberated beyond the courtroom. It cemented the importance of clear communication and
responsible financial conduct in transactions. For customers, it strengthened their rights and
provided legal avenues to seek redress in case of negligence. Ultimately, the Bank of Bihar v
Tata Scob Dealers case stands as a testament to the unwavering importance of trust and
accountability in the realm of finance.

REFERENCES-
https://indiankanoon.org/doc/1552284/

https://lextechsuite.com/Bank-of-Bihar-Ltd-Versus-Tata-Scob-Dealers-Controlled-Stock-
Calcutta-Ltd-1959-08-13