illegal and irregular as the plaintiff could not have
converted temporary overdraft of huge amount of Rs. 9,58,627.07 into alleged working
capital term ... response to request of defendant no.
1 for conversion of temporary overdraft account into a loan account allowed the defendant
no.1 to repay
appoached the
plaintiff for grant of financial assistance by way of
temporary overdraft in current account no. 22251
to meet its urgent business requirements ... denied that the defendants ever approached the
plaintiff for grant of temporary overdraft facility
in the current account by passing cheques
Page 2 of 10
:3:
for grant of Temporary Overdraft of Rs. 7,50,000/ for 10 days only for the
purpose of meeting ... forged and fabricated.
16 Defendant has not denied the grant of Temporary overdraft of Rs.
7,50,000/ in month of September
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
defendant such as issuance of Cheque Books, Statement of Accounts,
Passbooks, Temporary Overdraft Facility at the request of the defendant. It has been
further stated ... that the defendant used the Temporary Overdraft Facility to get his issued
cheques cleared and paid from the said saving bank account, on presentment, despite
request and application of the defendant company the
plaintiff bank sanctioned temporary overdraft facility for an
amount ... maintained by the plaintiff bank and same
establishes that the aforesaid temporary overdraft facility of
Rs.3,34,863/ was availed by the defendant from
availing
various customer services and facilities such as cheque book,
temporary overdraft against the cheque etc. In January 2009, the
defendant had deposited a cheque ... favour with the
plaintiff bank and had requested for temporary overdraft against
the said cheque. The said cheque was sent for clearance by the
plaintiff
balance of Rs. 570.05 the defendant requested the plaintiff bank for temporary
overdraft for making payment to the factory labour/office salary which was allowed ... balance of
Rs. 99,429.95/.
(ii) Further, plaintiff stated that the temporary overdraft was allowed by the
plaintiff bank to the defendant on the clear
defendant did not have sufficient
balance, the plaintiff bank created a temporary overdraft facility for the
withdrawn amount.
4. It is averred that thereafter ... plaint in respect of
withdrawal being made without sufficient balance and temporary
overdraft facility having been made as also in respect of an amount
through defendant No. 2 requested the plaintiff bank
to grant Temporary Overdraft in the said current account to enable to meet their
urgent business commitments ... assured the plaintiff bank to
clear the dues on account of Temporary Overdraft within Twenty days. The
plaintiff bank acceded to the request
