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2008 Supreme(Del) 1193

PRADEEP NANDRAJOG, J.R.MIDHA
ASHISH POLYFIBRES (BIHAR) LTD. – Appellant
Versus
STATE BANK OF INDIA – Respondent


Advocates Appeared:
Mr. K.K. Bhuchar, Adv.
Mr. Rajiv Kapur, Adv.

J.R. MIDHA, J.

1. Appellant No.1 is a Limited Company of which Appellants No.2 and 3 and Respondent No.2 are the Directors. Appellant No.1 had Current Account No.CA- 5527 with State Bank of India, Nehru Place Branch. In the year 1990 entries were being recorded by the bank pertaining to the account of its customers by means of an escota machine.

2. On 17th May, 1990, the escota machine, due to technical defect, made a wrong credit in the sum of Rs.1,86,421.57 in the account of Appellant No.1. Respondent No.1/Bank detected the aforesaid mistake on 2nd April, 1991 whereupon letters were written by the Bank to the appellants who acknowledged the liability and refunded Rs.20,000/- by cheque and promised to pay the balance in installments, but failed to honour the commitment and, therefore, Respondent No.1 filed a suit for recovery before the learned District Judge.

3. The appellants appeared before the learned Trial Court and filed a joint written statement in which they denied all the aforesaid averments made in the plaint, except the refund of Rs.20,000/-. Respondent No.2, who was defendant No.4, did not appear before the learned Trial Court and was proceeded ex parte.

.4. At the














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