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1950 Supreme(Cal) 53

SINHA
First National Bank – Appellant
Versus
Pioneer Commercial Bank – Respondent


Advocates:
A.N. Ray and S.K. Mukharji - for Pltf. ; B.K. Ghose - for Deft.

Judgment. - This is a suit for a declaration that the defendant bank, which is now in liquidation, holds a sum of Rs. 27,875 being the amount collected by it on 3 bills of that value as agent or trustee for the plaintiff, for a decree for Rs. 27,875 for injunction and for other ancillary reliefs.

2. On November 6, 1946, the plaintiff sent, by a letter of that date, a bill for Rs. 10,225 to the Champadanga branch of the defendant bank for collection and for sending the proceeds by a "Lahore Draft". On November 12, 1946, and November 13, 1946, the plaintiff similarly sent two bills for Rs. 8825 and Rs. 8825 respectively with similar instructions to the said branch of the defendant bank. On November 19, 1946, the Manager of the plaintiff bank asking for information as to what has happened to the bills, the said branch of the defendant bank sent three drafts to the plaintiff drawn on November 26, 1946 on its head office in Calcutta for Rs. 10,225, Rs. 8,825 and Rs. 8,825 respectively. It is not disputed that the said branch of the defendant bank realised the proceeds of the 3 bills from the drawees. The said drafts were sent by the plaintiff to the Central Bank of India for realisation.










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