: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.633 OF 2009 Anil Hari Bhatt & Ors. .. Appellants V/s. Bank of India .. Respondent ..... Ms. Janhavi C. Avasank i/by Mr. R.P. Mudholkar for the appellant None for the respondent ..... CORAM : R.Y. GANOO, J. DATE : 19TH JUNE, 2009. P.C. : 1. The appellants had borrowed loan from the respondent bank for purchase of the suit truck. The appellants did purchase the suit truck and wanted to ply the same. According to the appellants the original documents concerning the suit truck were in the custody of the respondent bank and that the respondent created a situation by which the appellants were unable to ply the suit truck and that is how the truck : 2 : was idle and the appellant could not earn profit and could not repay the loan. 2. The appellants instituted suit in the Court of Civil Judge, Senior Division, Vasai being Special Suit No.67 of 2007 for damages. The said suit was heard by learned Civil Judge, Senior Division, Vasai and by judgment and decree dated 24th October, 2008 he dismissed the said suit rejecting the claim of the appellants for damages. Being aggrieved by the said judgment and decree, the appellants have filed this First Appeal. 3. I have heard learned advocate for the appellants who appeared before this Court. She submitted that the respondent created a situation by which the appellants were unable to ply the suit truck. Hence, they suffered losses and hence suit for recovery of damages was came to filed. Even if it is assumed that the bank created a situation by which the appellants have suffered losses, still in order to succeed, appellants had to prove before the Court by placing cogent evidence as regards the damage suffered by the appellants in terms of money. : 3 : 4. On the basis of evidence placed before the Court, the learned Civil Judge, Senior Division, Vasai came to the conclusion that the appellants have not been unable to spell out the damage. Hence, he dismissed the same. Before this Court, an opportunity was given to the appellants to show that the appellants have placed cogent evidence. I have read the entire judgment with the assistance of learned advocate for the appellants and it must be observed that she has not been able to place before the Court the cogent evidence to show that the loss was suffered by the appellants in terms of money. Hence, the appeal is required to be dismissed at the stage of admission. 5. The first appeal is dismissed at the stage of admission. There shall be no order as to costs. (R.Y. Ganoo, J.)