SHOBHITA RANI KAUSHAL Vs. KETTY JEHANGIR H DHANJIBHOY

JUDGEMENT

(1.) The plaintiff has filed this summary suit for the recovery of Rs.66,500.00 with future interest thereon against the defendants.

(2.) The factual matrix brought on record is that the original defendant late Jehangir Dhanjibhoy was plaintiff s family friend That is how, the plaintiff and the original defendant were known to each other. The original defendant late Jehangir had represented that he had applied for financial assistance to the various financial institutions and banks and, shortly, he was likely to get financial assistance from them. In the meanwhile, since he was in need of money for his business establishment run under the name and style of "Hotel Sai Village Shirdi" and Restaurant at Shirdi", he had requested to the plaintiff for hand loan, which was granted to him by way of hand loan by the plaintiff in the sum of Rs.35,000/-, secured by Promissory Note dated 1st May, 1985 executed in favour of the plaintiff Miss.Shobhita Rani Kaushal.

(3.) According to the plaintiff, the amount was paid by cheque drawn on Grindleys Bank plc., as detailed in the pro-note. The said cheque was deposited by the original defendant in his bank account. The amount paid by the plaintiff to the original defendant-late Jehangir was demanded from time to time by the plaintiff but he did not pay. Consequently, plaintiff issued a registered notice on 26th April, 1988. Inspite of written demand, no amount was paid by the late Jehangir. The plaintiff has, therefore, filed this suit for the recovery of Rs.35,000/- with interest thereon against the original defendant Mr.Jehangir (since deceased).