ARUN SHRIRAM BAWASKAR Vs. RAMDAS VISHNUPANT KAKANE

JUDGEMENT

(1.) The applicant/Ori.defendant has filed this revision against the judgment and decree passed by the 3rd (ad hoc) Additional District Judge, whereby she allowed the appeal and decreed the suit.

(2.) The facts giving rise to this revision are as follows - The plaintiff is a businessman and also works as a Collection agent in the small savings and for the Janata Commercial Co-operative Bank, Akola. The defendant runs a shop named and styled 'Arti Steel Home' in the old city of Akola. The defendant has a recurring account in the Janata Bank. As a result, the plaintiff knows the defendant since last fifteen years and their relations were very cordial. The plaintiff used to collect everyday an amount from the defendant for being deposited in the Bank. In 1997, the defendant approached the plaintiff and requested him to advance sum of Rs.19995/-, as he had some financial difficulties. Considering the difficulty of the defendant, the plaintiff paid sum of Rs.19995/-. The defendant executed a receipt in favour of the plaintiff. Same is also attested by one Purushottam, who is a servant of the defendant. The defendant agreed to pay the loan within six months but did not. The plaintiff, therefore, issued a notice. The defendant refused to accept the notice. The plaintiff, therefore, claims back the amount lent to the defendant along with interest.

(3.) The defendant resists the suit and admits that he runs a shop known as Arti Steel Home. He denies that he obtained loan from plaintiff on 18/1/1997. He submits that being a collecting agent, the plaintiff always used to come to the shop and obtain signatures of the defendant on various papers in connection with the opening of the account, for the purpose of identification. In 1998, the plaintiff had started construction of the house and, therefore, he demanded sum of Rs.15000/- from the defendant. The defendant paid Rs.11,000/- in cash on 2/12/1998 and Rs.2000/- by way of withdrawal slip. The defendant asked the plaintiff to repay this amount after some time. The plaintiff refused and has filed a false suit against the defendant.