SIVASUBRAMANIAM, SATHIADEV
The Vysya Bank Ltd. , Madras – Appellant
Versus
Indian Bank, Madras-1 – Respondent
SIVASUBRAMANIAM, J.
The unsuccessful defendant in O.S. 3807 of 1977 on the file of the IV Additional Judge, City Civil Court, Madras, is the appellant in this regular appeal. The respondent herein was the plaintiff in the said suit which was filed for recovery of a sum of Rs. 47,882.86.
2. The material allegations in the plaint are as follows - One B.K. Shetty purchased a draft for Rs. 20 bearing Rs. 71.58149 dt. 27-3-1974 from the Ambar Branch of the Indian Bank, the plaintiff. One B. Ramaswami had purchased another draft for Rs. 30 bearing Rs. 727112 dt. 2-11-1974 from the Vaniyambadi branch of the Indian Bank. One S. Ramanathan who has got an account with the south Thambalam branch of the defendant bank namely Vyasya Bank Ltd., appears to have got into possession of these two drafts and those two drafts were materially altered. The name of the payee the amount the name of the branch on which the drafts were issued were all altered. Though the drafts were purchased for payment by the Salem Main Branch of the plaintiff Bank the name of the Branch was altered as Harbour Branch and the amounts were altered as Rs. 15000 and Rs. 21000 respectively. The name of the payee was
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