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2022 Supreme(Cal) 453

KRISHNA RAO
Celica Motocorp Private Limited – Appellant
Versus
Samiran Gain – Respondent


Advocates appeared:
Mr. Suman Dutt, Ms. Manali Bose, Mr. Paritosh Sinha, Ms. Shrayashee Das Roy for the Plaintiff, for the Appellant

JUDGMENT

Krishna Rao, J. - Plaintiffs have filed the instant suit praying for a decree against the defendant for a sum of Rs. 85,10,356.16/-, Rs. 50,00,00/- for the loss and damages and interest pendent lite and interest upon judgment @ 12% per annum on the total sum of Rs. 85,10,356.16/-. The defendant inspite of service of writ of summons has not entered into appearance and accordingly the instant suit proceeded as undefended suit against the defendant.

2. The plaintiffs to set up a project were in requirement of land to the extent of 84 acres on National Highway No. 6 near Dankuni in Jaikrishnapur Mouza. After knowing the intention of the plaintiffs to set up the project, the defendant had approached the plaintiffs and expressed his interest in facilitating the procurement of 84 acres of land to the plaintiffs for the purpose of their project. On being satisfied with regard to the fact that the defendant is acting as a land broker in the concern area had entered into a Memorandum of Understanding on 16.11.2017 with the defendant wherein the defendant had agreed to facilitate the procurement of 84 acres of agricultural land for the purpose of the project of the plaintiffs. It was a

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