JUDGEMENT

9 Law. Rep. 69 Ind. App. 1 ( 1941- 1942) State Aided Bank of Travancore, Limited V. Dhrit Ram

70

Appeal (No. 5 of 1941) from a decree of the High Court in its appellate jurisdiction (March 13, 1940) affirming a decree of that court in its ordinary original civil jurisdiction (July 20, 1939).

The following facts are taken substantially from the judgment of the Judicial Committee. The appellant (defendant) (hereafter called the bank) was a company incorporated according to the laws of the State of Travancore and, apart from a branch office in the State of Cochin, had its head and only office at Alleppey in that State. It had no branches elsewhere. In September, 1936, the respondent (plaintiff), who resided in, and was in permanent employment in, Bombay, wrote to the Bank at Alleppey asking for the rate of interest allowed on fixed deposit. On September 5, 1936, the bank wrote back stating that their present rates of interest for deposits of six months, one year, and two or more years were 4 per cent., 5 per cent, and 5^ per cent., respectively. "Remittance may be made towards credit of our account "with the National City Bank of New York, Bombay, and the "same will be accep