( 1 ) THE plaintiff which Is a company Incorporated Under the Indian Companies Act, has flle this suit for recovery of Rs. 33,80,316. 00 Invoking the provisions of Order XXXVII of the Code of Civil Procedure. The suit is filed on the basis of cheque No- 784051 dated 1/09/1994 for Rs. 50 lacs issued by the defendant No. 2 In favour of the plaintiff. It is stated in the plaint that defendant No. 2 approached the plaintiff In the last days of February/beginning of March, 1994 the plaintiff for advancing a loan of Rs. 50 lacs with the assurance that same would be repaid within six month.

( 2 ) HE even Issued two post dated cheques i. e. one cheque no. 784051 for Rs. 50 lacs and another chequer No,784052 dated 1/09/1995 for Rs. 4,50,000. 00 covering interest for a period of six months calculated at the rate of 18 per cent per annum However, since the plaintiff was apprehensive that the cheque may not be encashed on presentation, he refused to advance the loan. The defendant no. 2 then approached the plaintiff with Chief Manager of defendant no. 1 Bank and the Chief Manager assured that both the cheques dated 1/09/1994 shall be honoured on their first presentation. The Chief M