JUDGMENT - Chandurkar M.N. Actg. C. J. -The petitioner in this petition is the plaintiff, who had initially filed a suit against all the three defendants-respondents. It is not necessary to refer to the details of the plaint and it is sufficient to mention that substantially the suit was for recovery of Rs. 73,698-12 with interest on the ground of wrongful conversion or monies had and received or alternatively for .damages. The petitioner's claim was that a cheque for Rs. 68,907.32, which was drawn by the petitioner in favour of Indian Explosives Ltd and sent to the said Company was not received-by the Company, but it was later learnt that this amount was paid through defendant No. 2, which is a Co-operative Bank to one M/s. Mansukhlal Shashi-kant Trading Corporation. Defendant No. 3 is a constituent of defendant No. 3-Bank who is said to have introduced the person in whose account the amount has actually been credited. The suit was filed on 30th January 1975. The cause of action shown in the suit is said to have arisen on 11th September 1974 and 27th September 1974. 11th September 1974 is the date of payment of the amount of the cheque to M/s. Mansukhlal Shashikant Trading Corpora

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