VALMIKI J.MEHTA
Punjab National Bank – Appellant
Versus
Senior Exports – Respondent
VALMIKI J. MEHTA, J.
1. Plaintiff/bank namely Punjab National Bank has filed the present suit for recovery of Rs.1,89,66,123/-along with interest against a total of ten defendants. Suit amount is claimed on account of the fraud played upon the plaintiff/bank whereby a total amount of Rs. 1.17 crores through purported Telegraphic Transfers was credited to the bank account of the defendant no.2 in the name of defendant no.1 and thereafter such amount being fraudulently withdrawn by defendant no. 2 or used by him for payments made to defendant nos. 3 and 5 to 7. The entire suit amount is claimed from the defendant nos. 1, 2 and 4 and essentially defendant no. 2/Sh. Vijay Dixit who is the sole proprietor of defendant nos. 1 and 4. The entire amount of the suit is also claimed from the defendant nos. 8 to 10 because whereas defendant nos. 8 and 9 were employees of the plaintiff/bank at its branch at Neemuch, Madhya Pradesh and defendant no. 10 who is said to be the main conspirator. As against defendant no. 5 a sum of Rs.1,00,000/-is claimed, with a sum of Rs.15,000/-being claimed by defendant no. 6 and a sum of Rs.3919/-being claimed against the defendant no. 7.
2. The facts of
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