HARIDAS RANCHORDAS Vs. MERCANTILE BANK OF INDIA LIMITED

JUDGEMENT

(1.) This is an appeal from a decree, dated the 20th November, 1916, of the High Court at Bombay, which confirmed a decree of that Court made in a suit which was instituted in that Court in its ordinary civil jurisdiction on the 27th May, 15)1"), by the Mercantile Bank of India, Limited, against Haridas Iliuichordas, Ludhu Dossa, and Bhanji Madluivji. The Mercantile Bank of India, Limited, is the respondent here. Bhanji Madhavji, named as a defendant to the suit, was not served and has, it is said, disappeared. The appellants here are Haridas Ranchordas and Ludha Dossa.

(2.) The defendants, under the name of Dharamsay Jaitha & Co. carried on business at Bombay as cotton merchants, their bank era were the plaintiff Bank, and the suit wan brought by the Bank to recover from them a balance due by the defendants to the Bank and interest on that balance. The defendant, 1-Haridast Ranchordas and Ludha Dossa tiled a written statement and counter-claim in which they claimed an account, and damages for the dishonour on the 1st August, 1914 , by the Bank of two cheques drawn by their firm upon the Bank . Their Lordships are informed by counsel that by the Rules of the High Court at Bombay relating to suits in its original civil jurisdiction counter-claims are permitted.

(3.) The trial Judge ordered that the suit as against the defendant, Bhanji Madhavji should stand adjourned and on the claim of the Bank made a decree against the defendants Haridas Ranchordas and Ludha Dossa as two of the partners in their. firm of Dharamsay Jeitha & Co. and also in their individual capacities for Us. 39,025, 10 annas, for the debt (including compound interest with monthly rests), with future simple interest from the date of the decree until payment, and by his decree dismissed the counter-claim. The High Court in appeal made a decree confirming that decree of the trial Judge. From that decree of the High Court this appeal has been brought.