Narinder Nath vs Mahinder Nath on 1 October, 1994
3. It is stated that since books and details are with the defendants, accounts
have to be taken from them ; that defendant no. 1, banker of plaintiff no. 2, its
auditor are not cooperating because the moneys are being spent/diverted to
promote business contacts of defendant no. 1 and not for the objects of the
Trust; that otherwise there could be no objection either for the Banker or for the
Auditor to share information on account with the Trustee i.e. plaintiff no. 1 ; that
on 21-09-1988 plaintiff no. 1 addressed a letter to defendant no. 2 informing the
Bank about the differences having arisen between the Trustee and the
6
Suit No. 10/11/93
Narinder Nath Nanda Vs. Mohinder Nath
instructions that the current account be converted into deposit account in
relation to assets of the plaintiff no. 2 with immediate effect ; that this was
repeated on 2-03-1992 ; that a request for supply of statement of account was
made on 6-03-1992 and photocopy of the statement of account was provided on
10-04-1992 which had certain discrepancies which were brought to the notice of
defendant no. 2 on 16-04-92 followed by the reminders sent on 6-06-92 and
9-06-92 ; that some of these letters were sent to defendant no. 1 also and
ultimately on 14-07-1992 a detailed communication was sent incorporating the
assertion of plaintiff as the Trustee, in particular as follows:-