UCO BANK Vs. JOSHIKA AGENCIES

JUDGEMENT

(1.) (ORAL)

(2.) BY the present appeal, the appellant/defendant seeks to challenge the impugned judgment and decree dated 12.8.1997 passed by the trial court whereby the suit filed by the respondent/plaintiff for recovery of Rs.26,080/- with proportionate cost and interest at the rate of 12% per annum pendent lite and future till realization was decreed.

(3.) WITH regard to these issues, the trial court has after detailed analysis arrived at a conclusion that this letter was not issued by the respondent to the appellant-Bank for debiting of the account. The trial court has relied upon the report submitted by the Central Forensic Sciences Laboratory which opined that the signatures in the disputed letter by which debit was made in the account were not the signatures of the partner of the respondent. The trial court disbelieved the report of a private handwriting expert of the appellant-Bank. The trial court has also referred to the letter issued by the Bank to its higher office in which it is stated that this debit was done without necessary authority.