VASANTI BABLI BORKAR Vs. KISHORE K SHAH

JUDGEMENT

(1.) Heard the learned Counsel for both the parties. Perused the record.

(2.) The unsuccessful defendants have preferred this appeal against the judgment and order passed by the Additional District Judge, South Goa, Margao, dismissing the appeal and confirming the judgment and order passed by the trial Court, decreeing the suit with direction to the appellants/defendants to pay jointly and severally the amount of Rs. 48,168/with interest at the rate of 9% p. a.

(3.) The plaintiff filed a suit for recovery of loan amount of Rs. 48,168/alongwith interest and costs. The case of the plaintiff was that the defendants wanted to buy a property at Nuvem and were in urgent need of money. They had requested the plaintiff to advance to them a loan of Rs. 73,168/. The defendants promised to repay the loan amount within a short period of time. It was the case of the plaintiff that he responded to the claim of the defendants and, accordingly, gave them the said loan. The defendants as and by way of security towards the payment of the loan gave two cheques to the plaintiff for Rs. 48,168/and Rs. 25,000/. By a letter dated 3/10/1992, the defendant no. 2 had requested the plaintiff not to present the cheques for payment before 31/10/1992, as his loan formalities with L. I. C. had not been complete. However, the plaintiff presented the said cheque for payment, which was dishonoured for insufficient funds. The plaintiff alleged that the defendants had paid sum of Rs. 25,000/. The defendants, however, failed to pay the amount of Rs. 48,168/. Hence, notice was issued on 3/09/1993. However, defendant no. 1 denied of having taken any loan and stated that she is not liable to make any payment to the plaintiff. Hence, the suit.