BANK OF BARODA Vs. PARASRAM MANGARAM

JUDGEMENT

(1.) We have heard the parties.

(2.) In this case the respondent had opened on 19.10.1987 a current account in the name of M/s. Mangaram & Sons. He also opened a Saving Account No. 2168 in 1987. The current account opening form is signed only by the respondent as partner and no one else nor are the names of any alleged partners of M/s. Mangaram & Sons have been disclosed. The petitioner Bank does not have on its record any partnership deed disclosing names of any partners. The only indication of the respondent having, signed as a partner is the rubber stamp at the point of his signature which reads "Mangaram & Sons ..... partner." On 27.1.1988 one Mr. Kishore Mangaram sent a notice to the petitioner wherein he described himself as one of the partners of the said M/s. Mangaram & Sons alleging dissolution of the said firm w.e.f. 21.9.1987 i.e. prior to the date of opening of the aforesaid account on 19.10.1987. Even he never forwarded any copy of the partnership or any details about the said firm. Therefore, even on the assumption that there existed a partnership as alleged by Mr. Kishore Mangaram, the same according to him, had come to an end w.e.f. 21.9.1987 and the account opened thereafter on 19.10.1987 had no connection with the said alleged dissolved firm. Thus in respect of the account in question the only mandate available to the Bank was the one issued by the respondent only and that was admittedly after the date of alleged dissolution.

(3.) At the instance of Counsel for the petitioner-Bank, notices were served on the alleged partners of respondent, but despite such service of notices none has appeared to support the case of the Bank.