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1993 Supreme(Ker) 255

G.RAJASEKHARAN
Ameen Trading Co. – Appellant
Versus
Bank of Baroda – Respondent


Judgment :-

Defendants in a suit for money, are the appellants.

2. The first defendant is a Partnership Firm, M/s. Ameen Trading Company at Kannur. Defendants 2 to 4 are the partners. Plaintiff is the Kannur Branch of the Bank of Baroda.

3. Certain amounts were due, according to the defendants, more than Rs. I lakh from a party at Jalgaon to the defendant partnership firm. Payments were being made through the Jalgaon Branch of the Bank of Baroda. On 22-3-1985, the Jalgaon Branch of the Bank sent a telegram to the Kannur Branch, transferring a sum of Rs.50,000/- to be credited to the account of defendant firm. The Kannur Branch credited that amount, which was subsequently withdrawn by the defendants. On 23-3-1985 also, a similar telegram transferring Rs.50,000/- was received by the Kannur Branch from the Jalgaon Branch and that amount was also credited to the account of the firm. The firm withdrew that amount also through their Bank.

4. In 1987, the Auditors of the Bank discovered that there was mistake in crediting the second sum of Rs.50,000/- and actually payment to the Jalgaon Branch was to the tune of Rs.50,000/- only and it was by mistake that the second telegram dated 23-3-1985

























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