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2012 Supreme(Cal) 107

MAHARAJ SINHA
In The Matter Of R. K. Agencies Limited – Appellant
Versus
In The Matter Of Bank Of India – Respondent


Advocates Appeared:
For the Plaintiff:Ranjan Deb, Sr. Adv., Dhruba Ghosh, Sarathi Das Gupta, U.S. Menon, Rajeeb Kr. Jain, Advocates.
For the Defendant:Hironmoy Dutta, Sr. Adv., Partha Sarathi Bose, Sr. Adv., Jayanta Banerjee, Ahana Sikdar, Arijit Banerjee, Advocates.

Judgment :-

R.K. Agencies Limited (the plaintiff, in short) instituted this suit on 3 April 1987 in this Court essentially claiming a decree for Rs.28,04,027.76/-, a declaration that the fixed deposit receipt no.11/190 dated 28 November 1984 and the proceeds thereof are free from any claim or lien thereon by the defendant, interim interest, interest on judgment, receiver, injunction, cost, further or other relief.

After the institution of the suit the writ of summons was duly served upon the sole defendant, Central Bank of India (the defendant, in short) and after entering appearance the defendant eventually filed its written statement to contest the suit first in the month of May 2004 and thereafter reverified the written statement once more after its amendment in the month of August 2006.

The case of the plaintiff as stated in the plaint proceeds on the basis that “on or about 27 November 1984 the plaintiff deposited a sum of Rs.20,00,000/- with the defendant at its Office at 33, Netaji Subhas Road, Calcutta – 700 001” within the Original Jurisdiction of this Court. The amount of Rs.20,00,000/- was to be kept by the defendant in a fixed deposit account carrying usual interest.

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