SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1954 Supreme(Cal) 187

BACHAWAT
MAHALUXMI BANK LTD. – Appellant
Versus
CHOTANAGPUR INDUSTRIAL AND COMMERCIAL ASSOCIATION – Respondent


Advocates Appeared:
A.K.SEN, SATYA SANTI MUKHERJI

BACHAWAT, J.

( 1 ) THIS is a suit for recovery of the monies due to the plaintiff bank in respect of an overdraft account which the defendant had with the Ranchi branch of the plaintiff bank. The defendant executed in favour of the plaintiff bank a promissory note dated 14-8-1948 and a letter of lien by way of security. In or about the month of October. 1949, the Ranchi branch of the plaintiff bank was closed and the books and papers of that branch of the plaintiff bank were transferred to its Head Office at No. 135, Canning Street, Calcutta.

( 2 ) BY letter dated 20-2-1951, sent from Calcutta, Mr. H. N. Sen, attorney for the plaintiff bank demanded from the defendant repayment of the said loan either to the plaintiff bank or to him as its attorney.

( 3 ) BY its reply dated 26-2-1951, the defendant repudiated the claim entirely.

( 4 ) THE suit was instituted on 9-5-1951.

( 5 ) BY consent, the issue as to jurisdiction was tried as a preliminary issue.

( 6 ) BEFORE the overdraft account was opened, the defendant applied to the Ranchi Office plaintiff bank for the grant of overdraft facilities. I am not satisfied that the application was addressed to the Head Office. The origina


















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top