OFFICIAL LIQUIDATOR PURI BANK Vs. RAMANIKLAL JOSHI

JUDGEMENT

(1.) THIS is a suit filed by the Puri Bank Ltd. in liquidation against the defendants for rs. 732. 70 Ps. including interest at the rate of 12 per cent, per annum on a mutual, open, current account with the bank. The transactions relate to the period from April 10, 1941, to July 26, 1944. As appears from the schedule of the claim as stated in the plaint the principal amount due from the defendants is Rs. 271. 87 Ps. The suit was filed on February 20, 1964.

(2.) THE defendants, while denying altogether the liability of the alleged claim, pleaded that instead of any amount being payable by the defendants to the plaintiff bank there was a credit balance of Rs. 42-6-3 on account of deposit made on June 15, 1943, of a hundi for a sum of Rs. 260-4-0. The defendants' point is that if credit is given for the said deposit the said sum of Rs. 42-6-3 will be payable by the bank to the defendants. The defendants also deny the correctness of the accounts on which the bank relied in support of the claim. Apart from merits, the defendants also pleaded that the suit is barred by limitation.

(3.) IN course of the hearing of the suit the issues pressed were as to the liability of the defendants to the plaintiff bank and the point of limitation. In support of the bank's claim the ex-secretary of the Balasore branch of the Puri Bank, Hajaniballav bhattacharya, was examined as P. W. 3. On behalf of the defendants, defendant no. 2, Monilal Joshi, was examined as D. W. 1.