second writ petition

Kanti jain (Querist) 21 May 2011 This query is : Resolved
My first writ was not admitted against a nationalised bank refusal to honoue its demand draft duly issued in my favour since the senior counsel of the bank had diverted bench attention towards internal disputes between me and the purchaser of the draft and hence the point of law of "whether bank is entitle to refuse the payment of the draft duly given to benefiaciary and duly sent for collection through banking chanel"was never taken on board.Now new facts had emerged that infact purchaser had used false and forged documents to bring those ineternal disputes before the banch.Can I file second writ with high court on the basis of new facts and also that the question of law was not addressed by the bench.Pls.advise

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Advocate. Arunagiri (Expert) 21 May 2011
I suggest you to go for appeal to the Bench.

Kanti jain (Querist) 21 May 2011
Thanks for the reply but my understanding is that appel is allowed if the writ was rejected by single judge and in my case it was rejected by two member bench.Pls.advise.

M/s. Y-not legal services (Expert) 22 May 2011
Not like that mr.kanti, Writ can be hear by single bench or division bench. Its depends upon the nature of the writ.. If its dismissed by division bench also you can pray for appeal.

Surrender K Singal (Expert) 22 May 2011
Appellate course may better be persued;

Guest (Expert) 23 May 2011
Appeal should be preferred once a writ is dismissed.

Kanti jain (Querist) 23 May 2011
Thanks tom and others for the reply on which i am now encouraged to file an appeal.Bt let me give some more details and then inform whether your advise remain the same.The writ was not admitted in 2006 and review by the same bench of high court wa not enetrtained.Sice then I moved to foreign country and now I am back and discovered that The purchaser of the draft used forged docs.of another firm and argued at the writ hearing tried to bring some question of facts and the bench failed to take a question of law as to whether bank was with in right to refuse payment just because there are even genune disutes between the parties( In this case purchser was not even the party to disputes)on board.Of curese I may have to ask for condonation of delay but hope fully I will be able to appeal as per your advise.

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