BHUTORIA TRADING CO LTD Vs. ALLAHABAD BANK LTD
HIGH COURT OF CALCUTTA
BHUTORIA TRADING CO.LTD.
ALLAHABAD BANK LTD.
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S.K.Mukherjea, J. -
(1.)This appeal is directed against a judgment and decree of Bijayesh Mukherjee, J. dated September 18. 1963 insofar as by the said judgment and decree the learned Judge dismissed the suit as against Allahabad Bank Ltd., the first defendant, who is a respondent before us. The facts of the case may be briefly stated.
(2.)In March and April the plaintiff, that is to say, the appellant before us sold and delivered to one W. F. Ducat & Co. Ltd. of 5 Clive Row, Calcutta, diverse quantities of jute for the price of Rupees 57,889-7-0 which became payable by the said buyers.
(3.)Messrs. W. F. Ducat & Co.. Ltd. drew an uncrossed cheque on their bankers, the respondent Allahabad Bank Ltd. for the said sum payable to the plaintiff or order in payment of the said price and made over the same to the defendant No. 2 Jeth-mall Chandalia, an employee of the plaintiff. In the plaint, the plaintiff claimed that the defendant No. 2 had no authority to operate on the plaintiff's banking account or to endorse any cheque payable to the plaintiff's order. In paragraph 5 of the plaint the plaintiff further averred that there is a well-known usage and/or practice in the banking business and/or trade and commerce in Calcutta, well known to the defendant at all material times, that a cheque payable to a limited Company cannot be encashed at the counter of the drawee bank and that the same can only be encashed if presented for payment through the bank of the payee.
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