JUDGMENT - B.U. WAHANE, J.:---This appeal is directed against the Judgment and order dated 27th November, 1981, passed by the Civil Judge, Senior Division, Nagpur in a Special Civil Suit No. 315 of 1977, allowing the claim of the respondent No. 1-plaintiff against the appellants and the respondent No. 2/original defendant. No. 1.

2. The facts giving rise to this appeal are as follows:

The respondent No. 1-plaintiff is a banking concern incorporated under the State Bank of India Act, 1955, having its Branch Office at Kingsway, Nagpur. The appellant No. 1/original defendant No. 2 is also a banking company, having its registered office at New Delhi. The appellant No. 2/original defendant No. 3 is a Branch Office at Nagpur, of the defendant No. 2.

On 15th October, 1976, the defendant No. 3 has sent a draft No. DB 691125 to the plaintiff through clearance for payment of Rs. 40,557.28/-. According to the bank practice, the payment under the draft has to be made or refused on the very day before 1.30 p.m. otherwise the Collecting Bank would presume that the draft has been passed for payment and would accordingly give credit to its customers for the amount of that draft. The defendant No.

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