1. These two appeals out arise of the judgment of the learned Temporary Additional District Judge, Kottayam, in O. S. No. 146 of 1124. A. S. No. 367 of 1954 is by the plaintiff against the disallowance of costs by the learned District Judge. A. S. No. 437 of 1954 is by the defendant, the Catholic Bank of India Ltd., against the main decree passed by the District Judge.

2. O. S. No. 146 of 1124 was filed by Woodbriar Estate Ltd., against the Catholic Bank of India Ltd., for recovery of two sums of Rs. 10,000 and Rs. 5,000 together with interest thereon. Plaintiff's case was that in pursuance of contracts entered into with Mody and Company, Bombay, the latter company, as purchasers, had sent two demand drafts on 16-3-1946 and 20-3-1946 payable on certain banks at

Kottayam. Krishnankutty and Veloo (India) Ltd., were the managing agents for the plaintiff company and one Mr. Veloo was the Managing Director of the Managing Agents Co. The two drafts for Rs.10,000 and Rs, 5,000 were endorsed by the Managing Director, Mr. Veloo, and delivered for collection to the defendant Bank. The defendant Bank instead of collecting the amounts and paying the same to the plaintiff company, cr