Judgement

Appeal (No. 11 of 1943) from a judgment and decree of the High Court at Calcutta in its appellate jurisdiction (March 17, 1942), which had affirmed a judgment and decree of that court in its ordinary original civil jurisdiction (June 28, 1940).

The following facts are taken from the judgment of the Judicial Committee The appellant was a company doing banking business, established in the State of Baroda, under the Baroda Companies Act, 1896-7, and having its registered office in Baroda, with branches in British India. The respondent was a bank incorporated under the Indian Companies Act. Both banks had branches in Calcutta. M. P. Amin was manager of the Calcutta branch of the appellant bank. Bhagwan Das was manager of the Calcutta branch of the respondent bank. One Mitter (respondent No. 2) became a customer of the appellant bank at Calcutta. In May, 1939, one Ghose (respondent No. 3) opened an account with the appellant bank on the understanding that he should be allowed " temporary accommodation from time to time." That account was guaranteed by Mitter. On June 13, 1939, Ghoses account with the appellant bank showed an opening debit balance of Rs. 1,26,339, reduced durin