G.JAYACHANDRAN
Rosali – Appellant
Versus
Syndicate Bank, Luz, Mylapore, Madras – Respondent
The appellant herein is the plaintiff. The suit filed for recovery of money with interest.
2. The case of the plaintiff is that she opened a Saving Bank Account with the defendant Bank in the year 1983 under Account No.5623/14. Every month, she used to deposit her rental income Rs.750 to Rs.800/- in the said account. On 01.07.1985, she withdrew a sum of Rs.1500/- under a cheque bearing No.332771 and on 03.11.1986, she withdrew a sum of Rs.10,000/- under a cheque bearing No.332772. Except these two withdrawals, she has not withdrawn any money during that period. Her balance as on May 1987 ought to have been a sum of Rs.52,900.55. But, to her shock and surprise, when she verified with the bank, she found that she had only balance of Rs.127.55 and one Mr. Thomas, who is her messenger and relative used to transact with the Bank on her behalf, has forged her signatures in the cheque slips and withdrawn a total sum of Rs.52,900.55, without her knowledge.
3. The Bank Officials, who should have shown proper care, while passing cheques containing forged signatures, has failed to do so, resulting in withdrawal of Rs.52,900.55 by the said Thomas fraudulently. The defendant Bank Offici
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