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Showing contexts for: temporary overdraft in Bank Of India vs . Sandoo Enterprises on 22 February, 2011Matching Fragments
2. As per averments made in the plaint defendant No. 2 being the sole proprietor of defendant No. 1 had been maintaining Current Account No. 603220110000295 with the plaintiff bank at its branch office 3 Ansari Road, Darya Ganj, New Delhi in the name of defendant No. 1, and during the course of operation of the said current account, upon the request of defendant No. 2 proprietor of defendant No. 1, the plaintiff bank granted in favour of defendant No. 1 the temporary overdraft facility to the tune of Rs. 6,00,000/ (Rupees Six Lacs only) by clearing self cheque No. 000030 dated 31.03.2009 for Rs. 6,00,000/ (Rupees Six lacs only) presented by the defendant No. 2 for its clearance. While availing the said temporary overdraft facility and instructing the plaintiff bank to clear the said cheque, defendant No. 2 sole proprietor of defendant No. 1categorically assured the plaintiff to pay the entire amount equivalent to the said cheque, together with interest accrued thereupon at the prevailing rate, within a short period. Inspite of repeated requests and demands being made by the plaintiff bank from time to time, the defendants miserably failed and neglected to clear the outstanding dues.
5. The plaintiff bank under the compelling circumstances has instituted the present suit with a prayer to decree the same for the suit amount i.e. Rs. 4,29,558/ along with pendentelite and future interest, with monthly rests, along with the costs of the suit.
6. The defendants have contested the present suit by placing their written statement on record. They have contended that the present suit is without any cause of action, this court does not have jurisdiction to entertain, try and decide the present suit and that the temporary overdraft facility was not extended to the defendants at the request of the defendants.
(ii) Whether this Court does not have the jurisdiction to entertain, try and decide the present suit ? .....OPD
(iii) Whether the plaintiff granted temporary overdraft facility of Rs.6,00,000/ in favour of defendant No. 1, sole proprietorship concern of defendant No. 2 at the request of defendants ?..... OPD
(iv) Whether the plaintiff bank is entitled to a decree for the suit amount 22022011 Bank of India Vs. Sandoo Enterprises of Rs.4,29,558/ ? ... OPD
(iii) Whether the plaintiff granted temporary overdraft facility of Rs.6,00,000/ in favour of defendant No. 1, sole proprietorship concern of defendant No. 2 at the request of defendants ?..... OPD As the burden of proving all these issues was on the defendants, they are taken up together for recording findings thereon. Since the defendants have failed to lead any evidence of any kind to prove these issues, I record my findings on all these three issues in favour of the plaintiff bank and against the defendants.