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1968 Supreme(Ker) 213

K.K.MATHEW
Central Bank of India Ltd. , Bombay-1 – Appellant
Versus
V. Gopinathan Nair – Respondent


Advocates:
In S.A. No. 1120/64 P.K. Kurien, V. Desikan, K.A. Nayar and K. Sukumaran, for Appellant; V. Rama Shenoi and R. Raya Shenoi, for Respondent (No. 1) T.K. Kurien and M.C. Varghese, for Respondent (No. 2). In S.A. No. 1287/64 P. Krishnamoorthy and P.C. Chacko, for Appellant; V. Rama Shenoi and R. Raya Shenoi, for Respondent (No. 1); P.K. Kurien , V. Desikan and K.A. Nayar and K. Sukumaran, for Respondent (No. 2).

JUDGMENT :-

These appeals are directed against the decree and the judgment in O. S. No. 19 of 1954 of the District Court, Alleppey, subsequently renumbered as O. S. No. 229 of 1956 of the Alleppey Sub-court. The 1st defendant is the appellant in S. A. No. 1120 of 1964 and the 2nd defendant in S. A. No. 1287 of 1964.

2. The suit was for recovery of the amount covered by Ext. P-1, a demand draft, and the interest thereon, from defendants 1 to 3.

3. The plaintiff is the proprietor of a business carried on at Alleppey in the name and style of "The Pioneer Trades". Rama Prasad Auddy, P. W. 2 carried on a business at Calcutta in the name and style of M/s. Hurry Dass Auddy. M/s. Hurry Dass Auddy was a customer of the New Market branch of the Central Bank of India, Ltd., the 1st defendant.

4. The plaintiff used to purchase goods from M/s. Hurry Dass Auddy from 1953 onwards and pay the price thereof sometimes by purchasing demand drafts from the Alleppey branch of the 1st defendant-Bank on its New Market branch at Calcutta payable to Hurry Dass Auddy or order and delivering the same to M/s. Hurry Dass Auddy through P. W. 1, a friend of the plaintiff at Calcutta. Ext. P-1 is one such draft purc









































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