SOUMEN SEN,RAVI KRISHAN KAPUR, J - (1.) The instant appeal is directed against the judgment and decree dated 05.12.2016 passed in an application for judgment on admission.
(2.) Briefly stated, the plaintiff being the respondent no.1 herein filed the instant suit praying inter alia for a decree against the defendants jointly and severally for a sum of Rs.32,06,359/- alongwith interest. The claim in the suit arises out of two bank drafts issued by the appellant bank for an aggregate sum of Rs.31,17,435/-. These drafts were issued in favour of the plaintiff towards part settlement of demurrage/detention charges and other expenses. It is alleged in the plaint that the plaintiff in good faith and believing that it would receive payment by encashing the said two drafts issued local delivery and carting orders directing the warehouse borrowers to deliver four containers to one Tiger Breweries Industries Pvt. Ltd. Subsequently, the plaintiff presented the two drafts issued by the appellant bank for encashment with its banker HDFC Bank. However, both the said drafts were wrongly dishonoured and returned unpaid twice on 03.05.2016 and 07.05.2016 respectively due to the reason that "payments had been stopped by the drawer".
(3.) It is further alleged in the plaint that the plaintiff issued an e-mail on 17.05.2016 to the appellant bank informing them that the drafts issued by them had been dishonoured by them twice. On 18.05.2016, the appellant bank replied to the plaintiff stating they had "stopped payment" of the said two drafts primarily at the request of Tiger Breweries Industries Pvt. Ltd. By a reminder mail, dated 19.05.2016, the plaintiff reiterated its demand to the appellant bank to make payment of the entire value of the said drafts. Hence the instant suit.;