JUDGMENT - KARNIK D.G., J.:-This motion is taken out by the plaintiff under Order XII, Rule 6 of the Code of Civil Procedure for a decree on admission against the defendant No. 1.

2.The plaintiffs are the trustees of Pransukhlal Mafatlal Swimming Bath a public charitable trust registered under the Bombay Public Trust Act (for short the trust). The defendant No. 1 was employed by the trust as an Assistant Accountant. It is alleged that the defendant No. 1 misappropriated an amount of Rs. 35,36,748/- by committing serious criminal offences of theft, forgery, fabrication, cheating and breach for trust during the course of his employment as an Assistant Accountant of the trust. The plaintiff has therefore filed this suit for the recovery of the said amount of Rs. 35,36,748/- misappropriated by the defendant No. 1. The defendant No. 1 was prosecuted for the criminal breach of trust, and forgery and other offences under the Indian Penal Code. On a plea of guilty, the defendant No. 1 was convicted for the offence under sections 408, 465, 467, 468, 471 and 420 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for a period of two years and two months on each count and pa

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