The summary procedure prescribed by Sections 45-D and 45-M of the Banking Companies Act is still available to a Bank even after it has ceased to be a Banking Company.

( 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 shall be payable. "against this order the appellant has brought the appeal.

( 2 ) THE learned Advocate appearing in support of the appeal has raised two points before us.

( 3 ) THE first point urged in support of the appeal is that the certified copy of statement of accounts regarding the third debtor on the list of debtors (i. e. the Oriental Plastics, of which the appellant is the sole proprietor) has not been proved according to law and it has not also been marked as an exhibit in the case. It is true that the certified copy has not been marked as an exhibit, but we sent for the original and the original has been produced before us from the file of this case. The entry in the minute book shows that it was tendered on the date of hearing. We have no doubt in our mind that the omission to mark this document with an exhibit number was due to some inadvertence. The attorney for the respondent Bank probably did not deposit the filing fee through mistake and that may be the reason why this document was not marked with an exhibit number. The attorney for the respondent Bank, however, undertakes before us through learned counsel Mr. A. K. Sen to deposit the finding fee by tomorrow. This certified copy was tendered in Court without any objection by the appellant and it is settled law that when copies of document are admitted in the court of first instance without objection, no objection as to the mode of its proof can be raised for the first time in appeal. The certified copy of the statement of accounts which has been filed by the respondent Bank hears at its bottom the certificate of the General Manager of the respondent Bank to the effect that the entries were true copies of entries in one of the ordinary books of the Bank and were made in the usual and ordinary course of business and that such books were still in the custody of the Bank. Upon this endorsement there is hardly any doubt that the certified copy becomes evidence under Section 4 of the Bankers' Books Evidence Act. I accordingly hold that this certified copy was rightly admitted into evidence by the trial judge and as there was no objection about its mode of proof, the appellant cannot be permitted to raise this point for the first time in appeal.

( 4 ) THIS statement of accounts was moreover referred in paragraph 2 of the affidavit of Jogesh Chandra Pal, the Superintendent of the Bank affirmed on the 30th May, 1956, where he states that he craves leave to refer to that statement of accounts at the hearing of the case. The appellant also had inspection of the statement of accounts because the appellant states in his affidavit affirmed on the 20th March, 1950, that he does not admit the correctness of the statement of accounts of the Bank and in particular he disputes' the items about interest