KCC 2466/2018
This case involved a request for the return of deposits from a bank which had been paid to guarantee loans for a company. The company had become bankrupt but its debts had been paid. There was a failure to prove these deposits existed. An interim payment request also could not be accepted by the court of appeal.
Background
A claimant filed a case against a bank before the court. She requested the court appoint an expert in order to review the status of two deposits and the bank’s commitment to develop them. She also requested the court to pay these two deposits back in addition to interest.
She said that her father had made these deposits in the bank to guarantee that the bank would grant credit facilities to her company. She said a bankruptcy ruling had been issued against the company and her father. She said that Article 232 and 329 of Kuwait Decree-Law No. 68/1980 prevented the bank from taking any actions regarding the deposits because they were guarantees for loans. She said that she had already paid all the commercial debts she incurred as a result of bankruptcy case.