BANK OF BARODA Vs. HAR KISHORE JAIN

JUDGEMENT

(1.) THIS order relates to an application made by the plaintiffs for amendment of the plaint. The draft amendment is submitted to the Court and the plaintiffs desire the plaint to be amended in accordance with the draft amendment. For stating the genesis of the Chamber summons, a few facts, more or less admitted facts, need to be stated.

(2.) THE Bank of Baroda are the plaintiffs.

(3.) THEY were discounted with the plaintiff/Bank (hereafter, referred to as the Bank). Both the Bills of Exchange were for a period of 60 days, that is to say payable on the due date of payment, being December 29, 1982. On July 18, 1983 the Bank wrote a letter to the defendants sending therewith a statement showing the outstanding dues, viz. the above mentioned Bills of Exchange. Reference was made in the said letter to the various intimation letters sent by the Bank to the defendants. The defendants were called upon to ascertain the position at their end and to make the payment of the bills at an earlier date. To this letter, a reply was sent by the defendants on September 7, 1983 which is the most crucial document having bearing upon the present application for amendment. The said letter dated September 7, 1983 contains an unequivocal admission on the part of the defendants that a total sum of Rs. 6,14,075.01 are due from the defendants to the Bank. There is no dispute that the above mentioned two Bills of Exchange, which are the subject of this present Summary Suit, are part and parcel of the said Bills of Exchange, liability in respect of which was specifically admitted by the defendants. It is stated by the defendants in the said letter dated July 18, 1983 that the Bank's letter demanding the payment for the said bills was received by the defendants. What is stated further is extremely crucial. This is how the 2nd part of the letter runs : Due to reasons beyond our control we could not make the payment of these bills. We assure you that the payment of these bills will be (made by the mid of November 1983.