JUDGMENT

Mukerji, J. - Mr. Jageshar Prasad Shukul states that the nature of the transaction between him and the Bank was like this. Jageshar Prasad having some money to spare for investing in loans he handed over the money to the Union Bank and received a note-book in which it was stated that the money was for safe custody. As a matter of agreement and practice, however, Mr. Jageshar Prasad used to secure borrowers who would agree to pledge ornaments by way of security. The borrower was taken by Jageshar Prasad to the Manager of the Bank or he would go to the Manager of the Bank with a note from Mr. Jageshar Prasad. The ornament was kept by the Bank by way of security and money was advanced on an interest of 12 per cent, per annum. Out of this interest Jageshar Prasad used to get 9 per cent, and the Bank 3 per cent. No money of Jageshar Prasad used to be lent out by the Bank without any security of ornaments. ,Similarly when a man came to redeem his ornaments he would either take Jageshar Prasad to the Bank or take a note of his to the Manager of the Bank and on payment' the ornament would be released.

2. Mr. Harendra Krishna Mukerji, Official Liquidator, states that this is a correc