Mr. Justice D.P. Wadhwa, President—It is the opposite party, the Hotel, who is the appellant before us. There were two complainants, one was Mulchand Agarwal, whose car was stolen from the parking lot of the appellant and the second was the Insurance Company with which said car was comprehensively insured.

2. Appellant is running Hotel in Mumbai. Complaint was that Mulchand with his friend visited the Hotel of the appellant for food. He parked his car in the premises of the Hotel of the appellant. At the time of parking a token was given to him by the attendant of the parking lot. On this token it was written as under :

“No. B. 11896

Date and time

Parked by

Car No. 9729

Please produce this to get your car. Management does not accept responsibility for any Theft/Damage/Loss.”

3. When Mulchand Agarwal came back from the Hotel he found his car missing from the parking lot. Mulchand lodged a complaint with the appellant for the loss of the car. It was the contention of the complainant that because of the negligence on the part of the appellant that his car was stolen. To meet the issue of consideration, plea taken was that when Mulchand visited the Hotel it was for taking food and charge