VINAY LAXMIDAS SHAH Vs. SHAH LAKHAMIDAS CHHAGANLAL

JUDGEMENT

(1.) Plaintiff is the husband and heir and legal representative of Late Smita Shah, who has filed this suit for recovery of Rs.1,15,519/- with interest thereon @ 18% p.a. and claimed future interest on Rs.85,895.06/- @ 6% p.a. from the date of the suit till realisation of full and final dues. According to plaintiff, "sarafi deposit", by way of a loan, was given to the defendants for their business at agreed rate of interest @ 18% p.a.

(2.) According to plaintiff, on 2nd November, 1986 (Diwali), defendant No.1 partnership firm forwarded Extract of statements of account maintained by them in their ledger duly signed by one of the partners i.e.defendant No.3, Mr.Shah Laxmidas Chhaganlal for confirmation of plaintiff and thereby acknowledged their liability.

(3.) Plaintiff further states that the said deposit was sought to be demanded by registered letter dated 10th October, 1988 issued through his advocate. The said letter was returned with postal acknowledgement "Not Claimed" which according to the plaintiff amounts to good service. The plaintiff was required to file this suit since the defendants did not pay liability of the plaintiff.