( 1 ) THIS is a suit to recover the balance due on an overdraft account and a declaration of charge and for all consequential reliefs. The only defence is a defence of set-off. The other contentions raised in the written statement are not pressed. The allegations in the plaint are admitted by the defendant's counsel.

( 2 ) THE following issue was raised- "is the defendant entitled to a set-off as alleged in para. 6 of the written statement?"

( 3 ) THE plaintiff (sic. defendant) is admittedly a debtor of the plaintiff for the sum of Rs. 10,406-10-6 before the winding up. The order for winding up of the plaintiff bank was made on 8th May, 1950.

( 4 ) THERE was a fixed deposit by Benode Benari Sarkar and the defendant. The fixed deposit receipt issued by the plaintiff bank is as follows;"no. 30736 Date of Expiry the 30th March 1350. Not transferable. Nath Bank Ltd. No. Bg. 1184, Nath Bank Ltd. , Ballygunge branch office Ballygunge, dated the 30th March 1949. Nath Bank Ltd. Received from M/s. Benode Behari Sarkar and Sisir Kumar Sarkar Paid Rs. 400/-on account of 1st dividend sd/- Illegible 6-12-51. Rupees Four thousand only as a Deposit repayable 12 (Twelve) months aft