LAWS(DLH)-1987-9-23

NIRANJAN KAUR Vs. NEW DELHI HOTELS LIMITED

Decided On September 03, 1987
NIRANJAN KAUR Appellant
V/S
NEW DELHI HOTELS LIMITED Respondents

JUDGEMENT

(1.) This suit of the plaintiff Niranjan Kaur against the defendants is for the recovery of a sum of Rs. 52,000.1-. The facts of the case are that the plaintiff purchased flat No. 5 on the second floor of the multi-storeyed building situate.d at premises No. 27, Barakhamba Road. New Delhi through her husband Narainder Singh Brar from M/s. New Delhi Hotels Limited defendant No. I and the payement of the price thereof was to be made in instalments. Ail the instalments except two which were due on 18-11-1972 had' been made. In respect of those two remaining instalments the plaintiff purchased demand draft No. DBY-598649 for Rs. 41,535.00 through Baldev Singh and Daulat Ram employees of her husband in her name from the Punjab National Bank, Muktasar Branch, Punjab payable by the Punjab National Bank, Regal Building, New Delhi branch and the same was sent by registered post acknowledgement due to defendant No. I towards the aforesaid two instalments at its address, M/s. New Delhi Hotels Limited Ambassador Hotel, Sujan Singh Park, New Delhi . However, by mistake of the aforsaid employees of the husband of the plaintiff the said demand draft was not endorsed in the name of defendant No. 1. The registered cover containing the aforesaid demand draft reached the office of defendant No. I in due course and was taken delivery of on 21-11-1972 and it came in the hands of defendant No. 2 R. Ganesh being the Personal Assistant and Confidential Servant of L. Ram Parshad Managing Director of defendant No. 1, within the scope of the duties and functions of defendant No. 2. After the receipt of this draft by defendant No. 1, defendant No. 2 R. Ganesh and one Mohinder Lal Chawla proprietor of the concern defendant No. 3 M/S Chawla Stores located in Ambassador Hotel Building wherein the office of-defendant No. I is located, conspired to realise the amount of 'this .draft frauduilently and to misappropriate the same. The modus operandi adopted for this purpose was that on the reverse of the demand draft the following sridorsement was forged :-

(2.) Mohinder Lal Chawla presented the pay-in-slip dated 22-11-1972 for Rs. 41,535.00 signed by him in the name of Chawla Stores and also the guarantee letter furnished by. him which reads as follows :-

(3.) After the aforesaid amount of Rs. 41,535.00 was deposited in the current account of Chawla Stores with the Khan Markent Branch of the Central Bank of India. Mohinder Lal Chawla, in furtherence of the conspiracy hatched up between him and defendant No.-2 R. Ganesh, issued a bearer cheque No. KHNTIH-0536S4 dated 22-11-72 in the name of Niranjan Kaur for Rs. 41,2701- and instructed the Bank to make payment in cash to R. Ganesh defendant No. 2, and the amount was paid by the Central Bank of India, Khan Market Branch accoidingly.