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1983 Supreme(Mad) 410

RATNAM
Vijaya Bank, Regional Office, Egmore, Madras – Appellant
Versus
Kiran and Co. , Madras-1 – Respondent


Advocates:
S. Sampath Kumar, A.P.S. Kasturi Rangan, K.S.V. Prasad and S. Ramanarayanan, for petitioner; Dharamchand Jain, for Respondents.

Judgement

ORDER :- In this civil revision petition at the instance of the second defendant in O.S. No. 6931 of 1980, III Assistant Judge, City Civil Court, Madras, the only question that arises for consideration and decision is, whether the City Civil Court at Madras where the suit had been instituted had jurisdiction to entertain the same. On 20-3-1980, the first respondent, which is a partnership firm, applied for and obtained from the Karnataka Bank, Madras, the second respondent herein, an account payee draft for a sum of Rs. 15344, payable to one R. Ramesh Kumar of Bombay, payable at the Bombay Port branch of the Karnataka Bank and sent it by post to the payee. The payee R. Ramesh Kumar, did not receive the draft sent to him by the first respondent and he had instructed the Bombay Port branch of the Karnataka Bank (the second respondent herein) to stop payment. In turn, on 28-3-1980, the first respondent instructed the second respondent to stop payment. In the reply sent by the second respondent on 9-4-1980, the second respondent informed the first respondent that the draft in question had been presented through the petitioner had honoured on 27-3-1980. Thereafter the first res


























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