CHEMICAL INDUSTRIES LTD Vs. HINDUSTAN COMMERCIAL BANK LTD
HIGH COURT OF PUNJAB AND HARYANA
M.S.CHEMICAL INDUSTRIES LTD.
HINDUSTAN COMMERCIAL BANK LTD.
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Kapur, J. -
(1.) This judgment will dispose of the two appeals and two revisions which have been brought by M. S. Chemical Industries Ltd. against two decrees and two orders which have arisen in the following circumstances.
(2.) Messrs. M. S. Chemical Industries Limited had a cash credit account with the Hindustan Commercial Bank Limited. There was due from them to the Bank a sum of Rs. 23,976/14/3. They alleged in the plaint in the suit which was brought on 51- 1948 that the Bank had unlawfully demolished their chimney and had thus caused them a loss of Rs. 30,000/-. They claimed a sum of Rs. 6,023/1/9 after deducting the amount due from them on the cash credit account.
(3.) The Hindustan Commercial Bank Limited brought a suit on 16-4-1948 for the recovery of Rs. 25,000/- being the amount due on the cash credit account. In their written statement Messrs. M. S. Chemical Industries Limited pleaded in para 11 :
"A sum of Rs. 6,023/- is due to this defendant and that on account of plaintiff's demolishing the furnace this defendant suffered a loss of Rs. 30,000/-. The debit balance on that date was Rs. 23,973/14/3 i.e., a sum of Rs. 6,023/1/9 ought to have been credited to the account of this defendant by the plaintiff Bank. This defendant has filed a separate suit much earlier than the suit filed by the plaintiff for the recovery of the balance amount after adjusting the sum of Rs. 23,976/14/3 out of the total loss of Rs. 30,000/-". In para 15 they pleaded : "The suit of the plaintiff is false and frivo lous to the knowledge of the plaintiff and may be dismissed with costs *****";
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