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2011 Supreme(Cal) 687

SANJIB BANERJEE
Ravi Udyog Private Limited – Appellant
Versus
Jai Mangala Coal Pvt. Ltd. – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Jayanta Mitra, Dhruba Ghosh, K. Banerjee, R. Munsi, Debjani Chatterjee, Samit Talukdar and Hasnuhana Chakraborty

JUDGMENT

Sanjib Banerjee, J.

1. In support of the money claim in the suit, these two applications have been carried by the plaintiff: GA No. 100 of 2011 for judgment on admission and GA No. 401 of 2011 for orders in the nature of attachment before judgment. The short claim in the plaint is that between April and July, 2003 the plaintiff granted loan of divers sums to the defendant amounting to Rs. 1 crore. The plaint says that the defendant has admitted and unequivocally acknowledged receipt of the inter-corporate deposits. The admission is said to have been in the balance-sheets filed by the defendant through the years upto the year ended March 31, 2009. The plaint claims that only in April, 2010, the plaintiff requested the defendant (surprisingly paragraph 6 of the plaint refers to the first defendant) to repay the amount of Rs. 1 crore "along with interest accrued thereon at the rate of 18 per cent per annum." The claim on account of interest is the first jarring note in the plaint since the inter-corporate deposits and the averments relating thereto at paragraph 2 of the plaint do not speak of any interest. Paragraph 8 of the plaint proceeds to record the issuance of a notice by













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