AMEEN TRADING CO Vs. BANK OF BARODA

JUDGEMENT

(1.) DEFENDANTS in a suit for money, are the appellants.

(2.) THE first defendant is a Partnership Firm, M/s. Ameen trading Company at Kannur. Defendants 2 to 4 are the partners. Plaintiff is the kannur Branch of the Bank of Baroda.

(3.) THE defendants in their written statement contended that the suit as laid is not maintainable, that the Bank is not entitled to claim repayment of the amount credited to the account of the defendant firm, and no question of reimbursement arises, that the defendant firm appropriated the sum towards the debt due to it and the debtor discharged to the tune of that sum of Rs. 50,000/-, that the firm has changed its position to its detriment, that the plaintiff's claim is barred by estoppel, that in any event the plaintiff is not entitled to interest and the suit is liable to be dismissed.