( 1 ) THE question I have to decide arises on a winding up petition which has been presented by the petitioner Surendranath Banerjee claiming to be a creditor of the bank. Mr. R. Chowdhury on behalf of the bank opposes the application and he contends that the petitioner is not a creditor at all and is not entitled to present the petition. The question is important and though the matter has been settled as between the petitioner and the bank, at the request of Mr. Chowdhury I deliver this judgment. But it must be remembered that this judgment is given on the basis of the facts I have found in this case on the evidence before me.

( 2 ) THE petitioner Surendranath Banerjee opened on 3-9-1943, a savings bank account in the Rajbari branch of the pass Bank Ltd. He also opened in the name of his two sons Gajendra and Sailendra two fixed deposit accounts on 7-1-1946 and 1-5-1947 respectively. One of the fixed deposit receipts bears No, 1460 and the other 1458. The receipts were issued by the Rajbari Branch. On one of these receipts, the last payment namely of the sum of Rs. 600/- was made on 20-9-1947, and on the other the last payment of the sum of Rs. 350/-was made on 20-9