BHARAT BANK LTD Vs. KASHYAP INDUSTRIES

JUDGEMENT

(1.) THIS is defendants first appeal and arises out of a suit instituted by Messrs. Kashyap Industries through Pandit Radha Krishen Tikku plaintiff for the recovery of Rs.3,777/12/ - Rs. 3,082/2 as the price of the cloth, Rs.150/ - as advance paid by the firm Ram Mohanlal Krishna Murti of Kanpur to the plaintiff and Rs.545/10/ -as interest thereon up to the date of the suit.

(2.) THE case of the plaintiff firm was that some silk cloth of special quality and colour was ordered by M/s. Ram Mohanlal Krishnamurti of Kanpur through the Bharat Bank Kanpur Branch and the plaintiff sent a demand draft for Rs.3,482/2 on 28 -1 -1947 through the Bharat Bank Ltd. Delhi through Manager Srinagar Branch with instructions that the Bank should present the draft within ten days from the date of its receipt. The Bank presented the draft on 7 -1 -1947 to M/s. Ram Mohanlal Krishnamurti but they refused to accept the draft as the plaintiff had over -charged Rs.400/ -. Meanwhile the plaintiff had instructed the defendant Bank to deduct Rs.400/ - from the amount mentioned in the draft and present the draft for Rs.3,082/2/ -. The defendant Bank did not present the draft till the 1st of April 1947 when M/s. Ram Mohanlal Krishnamurti refused it. The plaintiff from the defendant on 15 -4 -1947 received the intimation of dishonour of the draft.

(3.) THE plaintiff had dealings with the defendant Bank and the Bank on receipt of the draft from the plaintiff had given credit to the plaintiff in respect of the amount mentioned in the draft but after the draft had been dishonored the amount was debited to the plaintiffs account. The plaintiff brought the present suit for the recovery of Rs.3,777/12/ - as the price of the silk together with interest thereon up to the date of the suit.