RAJESH GUPTA Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) Both appeals arise from the common judgment and decrees dated 24th May, 2004 of the learned Additional District Judge (ADJ) in Suit No.138/2003 (old Suit No.157/1999) filed by the appellant Mr. Rajesh Gupta and in Suit No.59/2002 (old Suit No.175/2000) filed by the respondent Central Bank of India. The appellant Mr. Rajesh Gupta had instituted the suit for declaration that he had received the Bank Draft dated 7th April, 1999 for Rs.2,45,000/- drawn by the respondent Bank against a bona fide sale effected by him and the amount of the said Bank Draft encashed by him belonged to him. The respondent Bank had filed the suit for recovery of the said sum of Rs.2,45,000/- from the appellant on the ground that the said Bank Draft had been stolen from the Bank in 1998 and its signatures thereon were forged and the payment made to the appellant thereunder in the year 1999 was thus liable to be refunded by the appellant.

(2.) The learned ADJ vide judgment and decree dismissed the suit filed by the appellant and decreed the suit filed by the respondent Bank for recovery of Rs.2,45,000/- with proportionate costs and future interest @ 12% per annum from the date of decree till realisation.

(3.) RFA No.497/2004 was filed claiming the relief of setting aside of the judgment and decree "in the suit filed by the appellant".