- (1.) This application has been made by the plaintiff-company for final judgment under Chapter XIIIA of the Rules of this Court in its Original Side against the defendant-Bank.
(2.) The case of the plaintiff-company is that on the 27/11/1984 it caused a Cheque No. J 148553 dated 27/11/1984 for Rs. 20,00,000.00 drawn on the Allahabad Bank in favour of its Solicitors and Advocates M/s. Khanna and Co. to be deposited with the defendant-Bank. The plaintiff's Solicitors M/s. Khanna and Co., by and under cover of their letter dated the 27/11/1984 made over the said cheque to the Chief Manager of the defendant-Bank with a request to have the cheque encashed and put the proceeds thereof in a Short Term Fixed Deposit for six months carrying usual interest. The said Solicitors acting under instructions of the plaintiff recorded that the original fixed deposit receipt may be kept as lien by the defendant-Bank and the same would remain under lien and may be renewed fr from time to time for identical periods of six months pending the permission of the Reserve Bank of India for crediting of the said sum to the Foreigner's Account as and when such permission is granted.
(3.) In pursuance of the said letter the defendant-Bank granted the Fixed Deposit Receipt No. 11/190 for the sum of Rupees 20,00,000/- in favour of "Khanna and Co., A/C R. K. Agencies Limited.";