ARIJIT BANERJEE
Rooprekha Sales Pvt. Ltd. – Appellant
Versus
Navkar Buildwell Pvt. Ltd. – Respondent
Arijit Banerjee, J.—This application has been taken out by the defendant praying that the leave granted under Clause 12 of the Letters Patent be revoked, the plaint filed in the suit be taken off the record and the suit be dismissed.
2. The case pleaded in the plaint is that sometime in January, 2010, the defendant approached the plaintiff at its then registered office at 38, Bentinck Street, 2nd Floor Room No. 7, Calcutta – 1 within the jurisdiction of this court for financial assistance for the purpose of expanding its business. An oral agreement was entered into by and between the parties at the aforesaid address within this court’s jurisdiction for advancing a loan by the plaintiff to the defendant on the terms and conditions mentioned in paragraph 5 of the plaint. The cheques drawn in favour of the defendant by the plaintiff aggregating Rs. 1,58,00,000/- were encashed by the defendant. However, when the plaintiff demanded repayment of the loan, the defendant failed and neglected to do so. In June, 2011 a representative of the defendant went to the plaintiff’s then registered office within this court’s jurisdiction and agreed to repay the sum of Rs. 1,58,00,000/- within
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