ANIL KUMAR SHARMA Vs. KETTY

JUDGEMENT

(1.) The plaintiff has filed this summary suit for the recovery of Rs.75,000.00 with future interest thereon against the defendants.

(2.) The factual matrix brought on record is that the original defendant late Jehangir Dhanjibhoy was the friend of the plaintiff. The plaintiff and the original defendant were known to each other. The original defendant late Jehangir had represented to the plaintiff 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.75,000/-, secured by Promissory Note dated 21st August, 1985.

(3.) According to the plaintiff, the amount was paid to the defendant by cheque drawn on Bombay Mercantile Co.Operative Bank Ltd., 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 18th May, 1988.