GUPTA BISCUITS P LTD Vs. UNITED COMMERCIAL BANK

JUDGEMENT

(1.) This appeal from original order is directed against the judgement and order dated 16th January, 1987, passed by a learned single Judge in C.O. No. 15186 (W) of 1986. By such determinations, the application. which was moved and on the basis whereof the concerned Civil Order was issued, was dismissed, holding inter alia amongst others that in the facts and circumstances of the case, the parties should file a suit to establish their rights.

(2.) The appellant M/s. Gupta Biscuits (P) Ltd. is an existing Private Limited Company registered under the Companies Act, 1956 and has its Registered Office at N.S. Road, Asansol, Burdwan and the factory is situated at Karangapara Road, Durgapur, Burdwan. It was the case of the appellant that it was engaged in manufacturing and selling of biscuits of various types and for the convenience of operation and for carrying on the day to day monetary affairs, a Current Account with the United Commercial Bank, Asansol was opened. It has also been stated that in the course of the business with the said Bank, deposits of money, cheques etc. for realisation and credit in favour of the appellant were made and cheques were also issued for withdrawal of the amounts lying with the said Bank in the concerned Current Account.

(3.) The appellant has stated that the regular operation and exchanges of business between it and the Bank as mentioned hereinbefore, went on smoothly till September, 1986, but the trouble was created by the said Bank, by not honouring the cheques drawn by the appellant since Oct. 1986, although the appellant had and still has sufficient funds in the concerned Current Account with the Bank as mentioned above. It has been stated that considering the conduct of the respondent Bank, the appellant wanted to close its Account with them and accordingly, a resolution to that effect was passed in the Board meeting of the appellant on 1st Oct. 1986, and the same was communicated to the Bank by the letter of the same day. The said letter has been disclosed as Annexure-A to the writ petition and the same was signed by Anil Kumar Gupta, Sunil Kumar Gupta, Manju Gupta and Arun Kumar Gupta.