SUKUMAR BHATTACHARYA Vs. BANK OF INDIA

JUDGEMENT

(1.) The petitioner at the material point of time was the Manager of the Salkia Branch of the respondent (hereinafter referred to as the Bank). The petitioner has alleged that on 19th September, 1997, a member of the Subordinate Staff of the said branch of the Bank brought one person claiming to be one Ajay Kumar Mohanty along with an Account Opening Form. The said Ajay Kumar Mohanty described himself as the proprietor of Polycab Indsutries of Howrah and expressed his desire to open a Current Account in the said branch,

(2.) After checking the Account Opening Form and the enclosures thereto which was accompanied by a copy of the challan for professional tax of the said person bearing the endorsement of payment of such tax, the petitioner alleged to have instructed the said sub-staff to take the said person to the dealing official for the actual opening of the account. It is the case of the petitioner that the said Ajay Kumar Mohanty assured that his introducer would arrive shortly and would carry out the necessary formalities.

(3.) The said account was thereafter opened by another official of the bank after the opening of the Account Cheque Book was also issued to the said person. Subsequent thereto a cheque dated August 22, 1997, for a sum of Rs, 12,77,081/- was deposited on 28th of September, 1997. The said cheque was issued by Indian Oil Corporation favouring M/s. Polycab Industries and drawn on State Bank of India, Dhakuria Branch.