The bank appealed to the arbitration court with a claim to recover from the joint-stock company the amount of unjust enrichment and interest for using other people´s money.
As follows from the materials of the case, the bank - the claimant twice credited the sum for the goods shipped to the respondent’s current account. Repeated erroneous crediting was made on the basis of the order received from the intermediary bank (that is, the bank engaged to execute the order of the payer), which, as a result of the error, duplicated the payment order previously sent to the plaintiff bank. The funds on the correspondent account of the bank - the plaintiff were credited by the bank - intermediary only on one instruction. The intermediary bank requested the second order to be canceled, however, the instruction to cancel the erroneously given order was received by the bank - the plaintiff after the funds were credited to the defendant’s account again.
Solve the matter on the merits.
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