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2001 Supreme(Mad) 1334

M.CHOCKALINGAM
Indian Bank, Rasipuram Branch, Rasipuram Town and Taluk – Appellant
Versus
Sri Annapoorna Finance, Rasipuram By Its Managing Partner, Rasipuram Town and Taluk – Respondent


Appearing Advocates:M. V. Krishnan, V. K. Subba Rao, Advocates.

Judgment :-

M. CHOCKALINGAM, J.

This second appeal has arisen from the judgment and decree of the learned Subordinate Judge, Namakkal made in A.S. No. 27 of 1988, dated 18.8.1989 setting aside the judgment and decree of the learned District Munsif, Rasipuram made in O.S. No. 404 of 1985, dated 24.8.1987.

The respondent herein filed a suit seeking for a money decree for a sum of Rs. 10, 500 with subsequent interest with the following averments. The plaintiff, a customer of the defendant Bank, was having a current account with the defendant and the present folio number is 156. The plaintiff advanced a loan of Rs. 10, 000 to one Mr. G. Subramaniam, Proprietor of Viji Gas Service, Rasipuram on 11.3.1985. G. Subramaniam issued a cheque of State Bank of India, Rasipuram Branch bearing No. 0630522 to the plaintiff for Rs. 10, 000 dated 10.4.1985 towards his loan. The said cheque was presented on 10.4.1985 with the defendant bank for collection and the amount was collected and credited into the plaintiff's account. When the plaintiff presented a cheque on 12.4.1985 to withdraw the said sum of Rs. 10, 000, the defendant Bank had also paid the same. The plaintiff credited the said sum towards












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