( 1 ) THIS appeal is directed against an order of Mr. Justice P. B. Mukharji in a proceeding under Section 45-M read with Section 45-D of the Banking Companies Act, by which His Lordship has directed the appellant to pay a sum of Rs. 21,804/5/- together with interest. The respondent Bank filed a petition under the Banking Companies Act for the recovery of this amount on the ground that it was due to the respondent upon a mutual open and current account. Along with the application of the respondent Bank it filed a list of debtors as annexure A to the petition. The case was tried on affidavits as no party asked the learned judge to set it down for trial on evidence. No oral evidence was taken by the learned judge in this case and no judgment was delivered. "the entry in the minute book runs as follows :"decree for Rs. 23671/12/7 Int. , Int. Int. on judgment and costs. Mr. Pal files C/c statement of account Re : No. 3 Decree as prayed Int. Int. Int. on Judgment and costs. Decretal amount to be paid by 4 equal annual instalments, First Instalment by 3rd December 1958 and thereafter by 3rd December every year. In default of one instalment the decretal amount then due shal