(1.) HEARD learned Counsel for the parties.
(2.) FACTS as they emerge from the record of this case are that the appellant was having facility of ATM card for withdrawal of money from such machines of the respondent -bank. Appellant claims that he lost the ATM Card and his driving licence. His further case is that he informed the Bank about the loss of ATM Card and also lodged report with the Police about this loss. Appellant also claims that he had informed the Bank on 16.6.2005 along with a copy of the FIR.
(3.) AT the time of hearing of this appeal, learned Counsel for the respondent -bank stated that it was not on 16.6.2006 but on 26.6.2006 that the intimation regarding loss of ATM along with F.I.R. was provided by the appellant to the respondent -bank. It is also not disputed between the parties that the appellant had asked the respondent -bank to inactivate the ATM Card with a view to ensure that it is not misused by someone.