OM PRAKASH Vs. DENA BANK

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 28.07.2006 which had reversed the finding of the trial judge. The trial judge vide judgment and decree dated 13.07.2004 had decreed the suit of the Plaintiff in the sum of Rs. 16,800/ -along with interest. The impugned judgment had dismissed it. It was held that the suit was barred by limitation.

(2.) THE case of the Plaintiff is as evident from the averments in the plaint are that on 22.08.1980, Plaintiff had deposited a sum of Rs. 10,000/ - with the Defendant in a fixed deposit. It was for a period of 63 months. SDR dated 22.08.1980 was issued in favour of the Plaintiff; maturity date was 22.11.1985. Contention of the Plaintiff was that this SDR had been deposited against the over draft limit availed by M/s Ellora Industries. There was no amount over -due against this sanctioned limit to M/s Ellora Industries. However, the Defendant did not return the FDR amount to the Plaintiff. Further, contention of the Plaintiff is that he had opened a saving bank account No. 12031 with the Defendant and had asked them to credit the matured amount of the SDR to the said account. Defendants did not take any action. Legal notice dated 15.07.1993 was served upon the Defendants. Defendants paid no heed. Suit No. 565/1993 had been filed by the Plaintiff; after the filing of the said suit, the Defendants had approached the Plaintiff for the settlement and an assurance was given by the Defendants and on 26.09.1994, the Plaintiff learnt that the Defendant No. 1 had credited an amount of Rs. 16,800/ - in his saving account. The interest amount was withheld illegally. Notice dated 01.09.1997 was served upon the Defendants. Present suit was accordingly filed.

(3.) ON the pleadings of the parties, following four issues were framed: