S.MOHAN
Vijaya Bank Limited, Rep. By Its Branch Manager, Madras Branch – Appellant
Versus
United Commercial Bank – Respondent
S. Mohan, J.
1. The first defendant is the appellant before us in this appeal, which arises out of O.S.No. 9477 of 1978 on the file of the VI Additional Judge, City Civil, Madras. The short facts are as follows: The said suit laid for the recovery of a sum of Rs. 40,565.91 P. on the following allegations as stated in the plaint: The second plaintiff, Messrs. Seshasayee Paper and Boards Ltd., is a customer of the first plaintiff, the United Commercial Bank, Madras Main Office. The second plaintiff issued a cheque bearing No. 029775 on 20.11.1975 for a sum of Rs. 25,636 in favour of Messrs. I.C.I. (India) Private Limited, Bombay. It appears the cheque was intercepted by the second defendant, I.C. Pal Industries. The same was presented to the first defendant Bank (the appellant herein) for collection after altering the name from I.C.I. (India) Limited to I.C. Pal Industries. There was an alteration in relation to the date as well from 20.11.1975 to 28.11.1975. The first defendant made an endorsement 'Payees' Account credited' and the cheque was sent for collection through the clearing house. The first plaintiff acted bona fide and in the usual course of business having regard to t
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