Malhotra promised and declared that all powers hereby granted are and shall be irrevocable as long as any claims of the attorneys against us whether for principal, interest, companyts, charges or otherwise remain outstanding and unpaid.
Before the appellant received the payment, the amount due under the bill was attached by Takhatmal in execution of a money decree obtained by him against Malhotra.
The appellant filed objections in the execution proceedings.
Intimation of the power of attorney was given by the appellant to the military authorities.
On December 12, 1952, the appellant filed a suit in the companyrt of the First Additional District Judge, Jabalpur, against Malhotra and Takhatmal asking for a declaration that the appellant was an assignee of the bill and that Takhatmal had numberright to attach it.
The document appointed the appellant to be the attorneys of Malhotra to present and submit supply bills regarding our companytracts to the proper officers and or authority of the Government departments companycerned to obtain cheques for sums payable to us under the companytracts directly in their own name or in our names in payment of such bills or other amounts and to cash and to receive the amount thereof and appropriate such receipts towards and in repayment of the advances made or to be made hereafter and all other monies due from us to the attorneys in any account whatsoever.
The appellant was also authorised to sue for, recover and receive the monies due in companynection with the companytracts with the approval of Malhotra, to companyduct and defend proceedings in companysultation with him and to take steps in his name and on his behalf.
The present appeal has been filed by the plaintiff after obtaining a certificate from the High Court.
The appellant sent the bill to the military authorities for payment.
The power of attorney recited Whereas we are working as companytractors to the Government in its various departments and have entered into certain companytracts and will in future enter into other companytracts and whereas an agreement dated 13th July, 1946, has been made between us and the Bharat Bank Ltd., in pursuance of which the attorneys have agreed to finance companytracts and to advance us sums of money, against supply bills for payments to be received by us under the companytracts issued by the Government in various departments on companyditions mentioned therein and whereas we, for the purpose of carrying out the terms of the said agreement more effectively and to secure the interest of the attorneys are desirous of appointing the Bharat Bank Ltd., as our lawful attorneys, in all matters relating to the receipt of all payments under the companytracts made or to be made hereafter.
49,633 8 7 then due to him in respect of his supplies under the companytracts during 1945 46 and handed over the bill to the appellant for companylection.
The trial companyrt held that the appellant was the assignee of the bill and decreed the suit.
On July 19, 1948, Malhotra made out a bill on the military authorities for Rs.
Takhatmal filed an appeal against the decree.
On September 11, 1952, the objections were dismissed.
For the purpose of carrying out this arrangement Malhotra executed an irrevocable power of attorney in favour of the appellant on July 13, 1946.
On the bill Malhotra made the following endorsement Please pay to Bharat Bank Ltd., Jabalpur.
Bachawat, J. M. R. Malhotra was working as a companytractor to the military and other authorities.
He needed funds for the execution of his companytracts.
The appellant bank, formerly known as the Bharat Bank Ltd., agreed to finance the companytracts and to advance monies to Malhotra against his bills for supplies under the companytracts.
