JUDGMENT

Arifin Zakaria J:

The plaintiff is a company formerly known as Chong Bee Development Sdn. Bhd. Pursuant to the board of directors' resolution of 16 September 1975 ("the directors' resolution") the plaintiff opened a current account with the defendant bank at its Kuantan branch. On the oral instructions of Ng Say Bee (DW2), who was then one of the co-directors of the plaintiff, the defendant debited the plaintiff's account on 3 occassions between August 1976 to September 1977 totalling in all RM115,000. The plaintiff now claims for the recovery of the said sum together with interest thereon at the prevailing bank's rate of interest on unsecured loans from the respective dates on which the debits were made. The plaintiff alleged that the defendant had fraudulently debited the plaintiff's account and/or without the proper authority as required by the directors' resolution. Alternatively the plaintiff alleged that the defendant had wrongfully and/or fraudulently converted the said sum to the defendant's own use and hence wrongfully and/or fraudulently deprived the plaintiff thereof. The plaintiff also claims against the defendant in the alternative for money had and received b