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It is also averred by the plaintiff that the defendant is a customer of the plaintiff bank who had been maintaining a Current Account with the Kirti Nagar branch of the plaintiff bearing Account no. 18200200000194 in the name of M/s Rajpal Enterprises, bearing his proprietorship concern, since 07.06.2012 for his business purposes. It is submitted by the plaintiff that the defendant was a regular customer of the plaintiff bank and used to avail credit facilities in the nature of temporary overdraft on a regular basis from the plaintiff bank through its Kirti Nagar branch. That the defendant availed temporary overdraft facility (hereinafter referred to as "TOD") to the tune of Rs. 1,35,000/- from the plaintiff on 06.02.2017. That the TOD facility availed on 06.02.2017 which was used by the defendant for passing the following cheques:

It is also submitted that the cause of action in favour of the plaintiff and against the defendant first arose on 06.02.2017 when defendant requested for a grant of a temporary overdraft facility to the tune of Rs. 1,35,000/- from the plaintiff bank for a period of one week. That the cause of action is still subsisting as the defendant has not liquidated the entire outstanding amount due to the plaintiff bank and as such the instant suit as filed is well within the period of limitation.

3. Perusal of record reveals that the defendant was proceeded ex-parte vide order dated 11.11.2020 and thereafter PW-1 Ms. Neha Yadav, AR of the plaintiff was examined by way of affidavit Ex. PW-1/A. In such evidence, she repeated the stand taken by plaintiff Bank in original plaint. Further, she has relied upon various documents such as, Power of Attorney in favour of the witness/PW-1 Ex. PW-1/1 (OSR), legal notice dated 07.01.2019 along with postal receipt Ex. PW-1/2, attested copy of interest charging notification of temporary overdraft of plaintiff bank i.e. Ex. PW-1/3 and statement of account along with certificate U/Sec. 65-B of Evidence Act i.e. Ex. PW-1/4 and Ex. PW-1/5 respectively. Thereafter, plaintiff closed ex-parte evidence.