plaintiff and
indebted to the plaintiff having availed the temporary overdraft by withdrawing
amount from the account against the deposit of cheque. The defendant ... continued to pursue the defendant
no.1 for repayment of the temporary overdraft in the account. On this
defendant no.1 requested the plaintiff bank
basis of temporary overdraft facility and India card facility which as per the
respondent Bank were availed by the appellants. The appellant number ... approached the respondent Bank on
11.07.1996, for grant of temporary overdraft facility for a sum of Rs. 70,000/-
on usual terms of interest
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 ... defendant No. 2 for its
clearance. While availing the said temporary overdraft facility and instructing the
plaintiff bank to clear the said cheque, defendant
complete urgent business commitment of the
defendants, the plaintiff permitted temporary overdraft though there was
not sufficient balance in the account of defendant ... defendants by taking plea that defendants
requested plaintiff bank to grant temporary overdraft with verbal
undertaking and as such plaintiff bank is not entitled
repay the same
alongwith interest applicable thereon for the said temporary Overdraft
Limit/Financial Facility applicable to the account, as per the norms and rules ... maintained by the
plaintiff bank, established beyond doubt that the aforesaid temporary Overdraft
Limit of Rs. 4,00,000/ (Rupees Four Lac Only) availed
operation of said account on the request of defendant no. 2
temporary overdraft facility to the tune of Rs. 6,00,000/- was
granted ... record. Suit has been
filed within 4 months of grant of temporary overdraft facility
hence, is well within the period of limitation. Although,
Contd
Tools, a sole proprietorship firm of respondent‟s
father, was enjoying temporary overdraft facility from the
appellant. Shri Jitender Sharma was the then Branch
Manager
appellants obtained a
RFA No.761/2010 Page 1 of 7
temporary overdraft facility from the respondent-bank, when the respondent-
bank purchased a cheque
detail, for the reason that the factum of
advancement of loan / temporary overdraft facility of
Rs.4,92,622.38/- by the defendant-Bank
alleged request No reply.
letter dated 07-05-1996 for Temporary
Overdraft on my account no. 1769 as has
been mentioned in various correspondence
