CENTRAL BANK OF INDIA Vs. DINESH KUMAR AGARWAL

JUDGEMENT

(1.) HEARD Sri Himanshu Tiwari, the learned counsel for the appellant and Sri M.K.Gupta, the learned counsel assisted by Sri Nitin Kumar Agarwal, for the caveators-respondent Nos.2 and 3.

(2.) THE plaintiff-respondent No.1 filed a suit for permanent prohibitory injunction restraining the defendants from encashing the bank-drafts and from paying the amount as detailed in Schedule-A to the plaint. It was alleged that the plaintiff had purchased six demand drafts from the defendant/appellant bank, which was payable to the present respondent Nos.2 and 3/defendants, but the said drafts amounting to Rs.25,000/- each, were lost and therefore, the suit for prohibitory injunction.

(3.) AGGRIEVED , by the dismissal of the suit, the plaintiff filed a First Appeal before the High Court which was subsequently transferred to the lower appellate court. The appeal was eventually dismissed by judgment dated 15.11.2008 and the decree of the trial court was affirmed.