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2018 Supreme(Cal) 506

MOUSHUMI BHATTACHARYA
Jalan Niketan Private Limited – Appellant
Versus
Avani Projects And Infrastructure Limited – Respondent


Advocates Appeared:
For the Plaintiff : Ms. Sonal Shah, Adv., Mr. K. Shah, Adv.

JUDGMENT :

Moushumi Bhattacharya, J.

1. The plaintiff has filed the suit against the defendant for money lent and advanced by way of a short term inter-corporate loan to the defendant for a sum of Rs.1 crore for a period of 182 days, namely, 21st October, 2013 to 20th April, 2014, at the rate 15 per cent per annum. The defendant acknowledged the receipt of the said sum and agreed and accepted the terms of repayment.

2. It appears from the orders passed in these proceedings that the defendant has not been represented from at least June, 2017. Despite an order dated 13th June, 2017 for direction of affidavits, no affidavit-in-opposition has been filed in the matter. This fact has been recorded by an order dated 21st November 2017 and a decree was passed by Hon’ble Justice Soumen Sen in a Chapter XIIIA proceedings for a sum of Rs.14,17,808/- together with interest at the rate of 10% per annum on the said sum from April 2015 until realisation; and a decree for a sum of Rs.65,753/- being the balance interest amount. A cheque had been issued on 21st April 2015 by the defendant which was dishonoured on presentation. The latter decretal amount was directed to carry interest at the rate of 10%

















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