DINAZ ADI BHARUCHA Vs. RAJENDRA P ASHAR

JUDGEMENT

(1.) THE plaintiff has filed the present Summons for Judgment in the above suit for a decree for a sum of Rs. 2,49, 55, 804. 98 as set out in the particulars of claim at Exh. G of the plaint. She has claimed interest on Rs. 1, 86, 85, 750/ -.

(2.) THE plaintiffs above suit is based on her claim that she had given the amounts to the defendant Nos. 1,2 and 3 in three different installments (1) Rs. 61,40,000/- (2) Rs. 81,50,000/- and (3) Rs. 26,00,000/ -. The defendants No. 1 to 3 have passed receipts in token of having received the aforesaid amounts on different dates and the same are annexed to the plaint at Exhs-A, B and C respectively. It is her case that she had given these amounts to the defendant Nos. 1 to 3 for investment and they have invested, according to their own decision in their own name. It is her further case that on demand the defendants have not repaid the said amounts. A Notice was sent on her behalf on 24-10-1997 giving out all the details of the payments and receipts but the said amount was not repaid. However, a reply was sent on 28-11-1997 wherein the receipts of the aforesaid amounts were admitted. There were however denial of some other allegations with which we are not presently concerned. The reply sent on behalf of the defendants is in minute details. There is no denial of the receipt of the aforesaid amounts. The plaintiff has further relied on a letter dated 29-2-1998 sent by the defendants 1 and 2 to the plaintiffs advocate. In this letter also they have admitted that they have received the aforesaid amounts as a loan and the same being outstanding against them and the defendant No. 3, which is their private limited company. In this letter there is also unequivocal and clear admission of receipt of Rs. 1. 75 crores from the plaintiff. The plaintiff has further averred that after sale of her flat for a higher sum and after purchase of another flat for a lower sum she has given the balance amounts to the defendants as a loan to them and that she is entitled to the payment of the said amount with interest at the late of 18% p. a.

(3.) THE defendant Nos. 1, 2 and 3 have filed an affidavit in reply to the summons for judgment and the defendant No. 4 has also filed his own reply. The defendants have stated that they were only acting as agent of the plaintiff. It is further stated by the defendants that there was no agreement for repayments of the said amount and that there was no further agreement to pay interest. It is further as usual submitted by the Ld. Counsel for the defendants that the present suit is not within the preview of Order 37, Rule 2 of C. P. C.