MRUNAL BHAGAT Vs. MERLE IRENE CARVALHO

JUDGEMENT

(1.) The challenge in this Appeal, is to the judgment and decree dated 25.02.2010, passed by the learned Senior Civil Judge at Vasco-Da-Gama in Special Civil Suit No. 23/2006/B. By the impugned judgment, the suit filed by the appellant/plaintiff for recovery of an amount of Rs.98,40,994/- from the respondents/defendants, has been dismissed.

(2.) The brief facts necessary for the disposal of the Appeal may be stated thus:

(3.) It is the material case of the appellant that somewhere in August 2002, the respondent no. 1 requested the appellant to advance her a "friendly loan" of Rs.5 lakhs for purchase of a flat at Porvorim. She assured to repay the amount within a period of three years. Acting on the request of the respondent no. 1, the appellant advanced her a loan of Rs.5 lakhs by way of cheque from his NRE Savings Account No.30631. The respondent no. 1 encashed the cheque on 17.08.2002 by crediting the amount to her Bank Account.