JUDGMENT :

Ravi Krishan Kapur, J.

1. The facts of this case are abominable, shocking and scandalous.

2. This is an appeal preferred against an order dated 24.11.2016 passed in an application under Chapter XIII A of the Original Side Rules of this High Court which provides for summary judgments in suits for recovery of a debt or a liquidated demand.

3. The suit is for recovery of money had and received. The cause of action in the plaint is based on two fixed deposits made with the Circus Avenue Branch of the appellant bank for the value of Rs.59 and 61 crores dated 30.08.2012 and 10.01.2013 respectively.

4. The plaintiff is a registered non-banking financial company wholly owned by the Government of West Bengal, primarily involved in providing loans for infrastructure projects in the State of West Bengal. It is alleged in the plaint and the application that the plaintiff had a long-standing relationship with the appellant bank and has maintained various term deposits in different branches of the appellant bank including the said branch. In 2005, an aggregate term deposit of Rs.278 cr