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2002 Supreme(Cal) 402

KALYAN JYOTI SENGUPTA
Arpit Impex Private Limited – Appellant
Versus
Arunodaya Plantations Ltd. – Respondent


JUDGMENT

The judgment of the Court was as follows:––

This is an application under Chapter-XXIIA of the Original Side Rules of this Court for pronouncing final judgment. The fact in the affidavit in support of the Master's Summons is summarised as hereunder :––

2. The plaintiff lent a substantial amount as inter-corporate loan, which has not been paid. One point of time parties struck to settlement for repayment. The settlement was that the defendant should pay a sum of Rs. 11,00,000/- and the plaintiff will accept as full time settlement. Apart from the aforesaid amount parties agreed that the defendant should pay further sum of Rs, 44,476/- as and by way of interest for the period from 1st April, 2001 to 12th July, 2001. The aforesaid interest amount was calculated after deducting a sum of Rs. 11,398/- towards tax deduction at source. Pursuant to the aforesaid settlement and acting thereupon the defendant issued a cheque of Rs. 11 lacs. However, the said cheque was dishonoured by non-payment. Therefore, the plaintiff sues the defendant for recovery of the entire amount of loan in view of settlement being fallen through.

3. I understand from the plaint and the affidavit-in-support of t

















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