Vijay Bank vs. Vasanth R Kokate

P.C. :-

1.The plaintiffs are a bank. According to the plaintiffs, the defendant was having savings bank account in its branch. The defendant deposited in his own account a cheque of Rs.1,00,000/- which was issued in his favour by one M/s Sai Enterprises. Because he had deposited that cheque in his own account, the case of the Bank is that he is permitted to withdraw the amount of Rs.1,00,000/- from his account which was not in deposit in that account in the hope that the cheque given by Sai Enterprises in favour of the defendant would be honoured and Rs.1,00,000/- will be realised. But that cheque was ultimately dishonoured and therefore, the Bank has filed this suit for recovery of Rs.1,00,000/- from the defendant. The amount of Rs.1,00,000/- which was permitted by the Bank to be withdrawn by the defendant was not on the basis of any written contract or negotiable instrument or enactment or guarantee. Therefore, the present suit filed by the plaintiff Bank is not maintainable as summary suit. Summons for judgment is therefore disposed off. Defendant is granted unconditional leave to defend the suit. Written statement to be filed within eight weeks from today.

.Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary as true copy.

.Certified copy expedited.