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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.7552 OF 2002

Britannia Industries Limited

… Appellant

Versus

Punjab National Bank & Ors.

… Respondents

J U D G M E N T

Aftab Alam,J.

1.

This appeal, by special leave, is directed against the judgment and

decree dated April 3, 2001 passed by a Division Bench of the Calcutta High

Court in Appeal No.114/1991. By the impugned judgment, the Division

Bench allowed the appeal preferred by Punjab National Bank (respondent

no. 1 before this Court), set aside the judgment and decree dated December

12, 1990, passed by a learned single judge of the High Court in Suit No.

780/1983 filed by the appellant-plaintiff under Order XXXVII of the Code

of Civil Procedure.

2.

The claim of the appellant-plaintiff is based on a purported bill of

exchange dated February 15, 1983 for a sum of Rs. 1 crore only. The bill of

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exchange was drawn by two persons namely, Raghunath Dutta and Amit

Dutta (respondent nos. 3 & 4 respectively) as partners in the firm

Metropolitan Construction (respondent no. 2). The bill of exchange was

accepted by M/s Lgee Enterprises (not