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1991 Supreme(Gau) 177

S.N.PHUKAN
Canara Bank – Appellant
Versus
Joboka Woods Private Limited – Respondent


Advocates Appeared:
A.K.Maheswari, V.K.Dewan, J.N.Sharma, D.N.Barua, G.Gopal

This revision petition is directed against the order dated 25.11.89 passed by the learned Assistant District Judge, Tinsukia in Money Suit Na. 105 of 1986.

2. The opposite party as plaintiff filed a suit against the present petitioner, namely, Canara Bank and the Branch Manager of the said Bank at Tinsukia Branch for recovery of a sum of Rs. 2,64,450/- with interest.

3. According to the plaintiff, a cash credit account with the Tinsukia Branch of the Bank was opened and it was operated by the plaintiff which is a company through one of its Directors who was duly authorised from time to time. On or about 2.2.85 plaintiff detected that a cheque bearing No. CRH 767185 was missing and accordingly on the same day the bank was informed with a request to stop payment of the above cheque when presented. Subse­quently, on reconciliation of the statement of account sent by the Bank, it was found that a sum of Rs. 2,15yOOO/- in favour of Shri P. K. Sen drawn on the above cheque was debited against the account of the plaintiff-company. Plaintiff immediately informed the defendant Bank that the cheque was never issued by the company and the signature was forged. On these fact, the present suit wa













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