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2019 Supreme(P&H) 2838

H.S.MADAAN
Dalip Singh – Appellant
Versus
New Bank Of India & Anr. – Respondent


Advocates Appeared:
Mr. Siddharth Grover, Advocate for Mr. S.S. Narula, Advocate for the Appellant. Mr. Ankit Kaushal, Advocate for the Respondent

ORDER

1. Briefly stated the facts of the case are that plaintiff Dalip Singh had brought a suit for recovery of Rs.30,000/- against defendants i.e. New Bank of India, Tolstoy Marg, New Delhi through its Chairman and Begowal Branch of the said bank, on the assertions that plaintiff had been maintaining a saving bank account No. 902 with defendant bank Branch at Begowal. He had deposited a sum of Rs.20,000/- in that account in the month of January, 1982 and was issued a receipt in that regard but the Cashier Sh. Ram Rattan did not enter the deposit in the ledger account. A criminal case under Sections 409, 467, 420, 468, 471 IPC was registered against Cashier and Manager of the said Branch with Police Station Bholath on 21.4.1982. They were ultimately convicted and sentenced on 25.2.1986.

2. According to the plaintiff, he called upon the defendants to make payment of Rs.20,000/- to him with interest but to no effect as such he has filed the suit for principal amount of Rs.20,000/- with interest thereon at the rate of 0.5% per month.

3. On notice, the defendants appeared and filed a written statement contesting the suit raising various legal objections; to wit that, the suit was not with

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