LAWS(CAL)-1953-12-13

NATH BANK LTD Vs. SISIR KUMAR SARKAR

Decided On December 11, 1953
NATH BANK LTD.(IN LIQN.) Appellant
V/S
SISIR KUMAR SARKAR Respondents

JUDGEMENT

(1.) This is a suit to recover the balance due on an overdraft account and a declaration of charge and for all consequential reliefs. The only defence is a defence of set-off. The other contentions raised in the written statement are not pressed. The allegations in the plaint are admitted by the defendant's counsel.

(2.) The following issue was raised- "Is the defendant entitled to a set-off as alleged in para. 6 of the written statement?"

(3.) The plaintiff (sic. defendant) is admittedly a debtor of the plaintiff for the sum of Rs. 10,406-10-6 before the winding up. The order for winding up of the plaintiff bank was made on 8th May, 1950.