A.N.RAY
MAHABIR PRASAD BUBNA – Appellant
Versus
UNITED BANK OF INDIA – Respondent
( 1 ) IN this suit the plaintiff has claimed for a decree for Rs. 1,56,000. 00 and odd and return for certain securities pledged with the Bank.
( 2 ) BY reason of an interlocutory order the sum of Rs. 6000. 00 and odd and the securities claimed have been returned by the defendant Bank to the plaintiff and as such the suit servives only to the extent of the sum of Rs. 1,50,000. 00 and interest thereupon pendent lite and upon judgment. The Bank has not disputed about the return of the sum of money of Rs. 6310. 40 or the return of securities, or that the same should in any manner be altered by this decree, and as such the said returns are declared to have been done appropriately.
( 3 ) THE plaintiff had a long standing account with the Clive Row Branch of the defendant bank i. e. United Bank of India and the suit arose out of two cheques both bearing date 4/11/1982. The cheques were on their faces drawn as self bearer cheques for the respective sums of Rs. 70,000. 00 and Rs. 80,000. 00.
( 4 ) THE plaintiff admittedly carried on and carries on business under the name and style of M/s. M. Prasad and Company. The cheques bore the rubber stamp of the said business name an
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