DAS GUPTA, C.J. - (1.) THIS appeal is from a judgment of G. K. Milter, J. by which he decreed a suit brought by the respondent, Tata Scob Dealers (Controlled Stock) Calcutta Ltd., for the amount of its claim, namely, Rs. 3316 -12 -9 with interim interest at 6 per cent and also allowed interest on the amount decreed at 6 per cent and costs.
(2.) ON the 14th of May 1947 the respondent company sent to the appellant bank railway receipt and two bills in favour of Messrs. Champaran Hardware Stores at Raxaul and requested the Bank to collect the sum of Rs. 3616 -12 -9 as due under the bills from the firm and to remit the amount to them. The bank obtained payment of this sum from the firm and made over the railway receipt to them. It appears also that a draft for Rs. 300/ - was sent by the bank to the pllaintiff company on the 4th of August 1947 and payment was duly received by the company for the same. The dispute is over the balance of Rs. 3316 -12 -9. The plaintiff's case is that this sum has not been paid to them though collected. The defence of the appellant company is that a draft No. 7420 for this sum of Rs. 3316 -12 -9 was, in fact, sent by it to the plaintiff company and payment was duly received. It appears that a draft for this sum of Rs. 3316 -12 -9 was, in fact, drawn by the appellant bank on its Calcutta branch on the 10th of June 1947 and was on the basis of an endorsement purporting to be by B. T. Ghatak as Director of the plaintiff company in favour of Gopeswar Kar, Ashutosh Kar, deposited by Messrs. Gopeswar Kar, Ashutosh Kar with the Bank of Assam Ltd., and the amount was collected by the Comilla Union Bank Ltd., on behalf of the Bank of Assam Ltd.
(3.) THREE questions of fact arose for decision. First whether the plaintiff company bad received this draft; secondly, whether the plaintiff had endorsed the draft; and thirdly. whether the defendant Bank had sent the draft duly addressed to the plaintiff company in a proper manner.;