( 1 ) THIS Petition presents an interesting question of law in novel circumstances. The respondent Company maintains a Current Account with the Petitioner Bank. The Petitioner s case is that it had honoured a Cheque drawn by the Respondent company in the sum of Rs. 2,11,94,000/- without there being corresponding funds in the Current account maintained between the parties. It is not in dispute that Overdraft limits and/or Loan facilities had not been granted to the Respondent company. Nevertheless, admittedly by mistake, the cheque for the afore-mentioned sum of rs. 2,11,94,000/- was cleared without sufficient funds being available, and payments had been released to M/s. Charu Trading. A Statutory notice was issued to the Respondent Company in reply to which the above narrated circumstances were highlighted. The Respondent Company has denied its liability for making any payment to the petitioner.

( 2 ) THE Learned Counsel relies on Bank of maharashtra Vs. M/s. United Construction Co. and others. AIR 1985 Bombay 432, in which a Division bench of the High Court of Mumbai had observed that if an account holder, even without any express grant of overdraft facility overdraw