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2006 Supreme(SC) 220

ARIJIT PASAYAT, TARUN CHATTERJEE
PUNJAB & SIND BANK – Appellant
Versus
ALLAHABAD BANK – Respondent


ARIJIT PASAYAT, J. - Challenge in these appeals is to the judgment delivered by a Division Bench of the Calcutta High Court, in an appeal filed by the appellant, the defendant in the suit filed by Respondent 1 Bank. The learned Single Judge in the said suit held that there was no need to adopt procedure indicated by this Court in ONGC v. CCEI (described hereinafter as ONGC - I case). The Division Bench affirmed the view of the learned Single Judge. The correctness of the view expressed by the learned Single Judge and the Division Bench forms the subject - matter of challenge in this appeal.

2. The suit was filed by Respondent 1 Bank against the appellant Bank along with 11 other defendants with the following prayers:

(a) Declaration that the bankers cheque copy whereof is annexed marked A hereto is void and not binding on the plaintiff.

(b) Decree of Rs 5,62,66,671 against the defendants jointly and/or severally and/or such of them for such amount as this Honble Court may deem fit and proper.

(c) Decree of Rs 5,62,66,671 against Defendant 1 together with interest.

(d) Interest including interim interest as claimed in para 29.

(e) Receiver.

(f) Costs.

(g) Further any other reliefs.



























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