PRANAB KUMAR CHATTOPADHYAY, J.

1. Appellant Bank has preferred the instant appeal assailing the judgment and order passed by a learned Judge of this court whereby the learned Judge dismissed the writ petition filed by the appellant and allowed the counter-claim filed on behalf of the employee.

2. The relevant facts for deciding the instant appeal are briefly stated hereinafter. The respondent no. 2 herein was employed as clerk in the appellant bank. According to the appellant bank, India Card was issued to the said respondent no. 2 while he was serving the bank as an employee. It has been alleged on behalf of the appellant bank that the said respondent no. 2 misused the facilities of the India Card, which was issued to him by the bank on 24th September, 1996.

3. It has been submitted on behalf of the appellant bank that the spending limit of the said India card issued to the respondent no. 2 was Rs. 20000/- only. It is the case of the appellant bank that the said workman used the aforesaid credit card quite frequently and misused the facilities as a result whereof the liability of the respondent no. 2 against the said credit card went up to Rs. 2,11,760.15 as on 30th Septem