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1984 Supreme(Cal) 38

DIPAK KUMAR SEN
RAM NIWAS KUMARIA PVT. LTD. – Appellant
Versus
PREM PRAKASH ARYA – Respondent


DIPAK KUMAR SEN, J.

( 1 ) ON the 10th Aug. , 1983, Ram Niwas Kumarja Pvt. Ltd. , the plaintiff, instituted this suit against Prem Prakash Arya, the defendant, claiming, inter alia, a decree for Rs. 1,02,077. 50 p. with further interest.

( 2 ) THE plaintiff alleges that it had lent and advanced to the defendant Rs. 50,000/-on the 7th Nov. , 1980 and Rs. 45,000/- on the 27th June 1981. The amounts were repayable on demand with interest payable every month at the rate of 1 % per month, which was enhanced to 14% per month in Nov. , 1982.

( 3 ) THE plaintiff alleges further that it demanded repayment of the said loans with interest which the defendant failed and neglected to pay.

( 4 ) THIS application has been made in this suit by the plaintiff on a notice dated the 11th Aug. , 1983 for the following orders:-- (a) A direction on the defendant to furnish security for Rs. 1,02,077. 50 p. (b) In default, the outstanding, dues payable to the defendant by Jessep and Co. P. Ltd. ; Chandras Chemicals Enterprises Ltd. ; Rehabilitation Industrial Corporation and Calcutta Port Trust be attached before judgment; (c) Injunction restraining the defendant from realising or receiving the said out
















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