Civil judge Ruchi Aggarwal rejected the plea of Georgia resident Viresh Nayar on the ground that he was unable to prove that he had not authorized any other person to use his ATM card.
While dismissing Nayar's plea, the court also refused to rely on the statement of a man, representing Nayar as his attorney in the case, on the gound that he could not have apprised the court of the facts which were in the personal knowledge of Nayar alone.
"It is clear that he (Nayar's acquaintance) does not have any personal knowledge about the incident. He is only deposing what the plaintiff told him which is not permitted by law."
Nayar had filed the plea against Standard Chartered Bank for recovery of Rs 1.01 lakh, saying that he was holding an account in a south Delhi branch while working in Delhi. Nayar said he kept the ATM card for the account which was valid from August 1998 to August 2000 even after moving to the US. Nayar alleged that when in December 2001, he went to close the account, he was told that the mpney had been withdrawn.
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