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2023 Supreme(Cal) 716

HARISH TANDON, SHAMPA DUTT (PAUL)
Dilip Kumar Rungta – Appellant
Versus
KLG Tradefin Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellants : Mr. Anirban Ray, Ms. Sanjukta Gupta, Ms. Sananda Ganguly, Mr. S. Roy.
For the Respondents: Mr. Suresh Sahani, Mr. Chhandak Dutta, Ms. Karuna Bose, Mr. Soumik Ghosh.

JUDGMENT :

(Harish Tandon, J.) :

1. All the aforesaid three matters are taken up together as, the legal points involved therein are identical and similar and the answer to it shall decide the fate of the aforesaid appeals.

2. The basic facts involved in the aforesaid appeals are more or less similar except the quantum of money involved therein and therefore, the facts narrated in APOT 106 of 2022 are adumbrated in the instant judgment. The facts emerged from the pleading filed before the Single Bench are that the respondent company is engaged in the business of financial intermediation and activities apart from the other trading activities. In or around the month of February, 2015 the appellant approach the respondent as it was a need of funds and after the extensive discussion, the negotiations held between the parties wherein the respondent agreed to advance a sum of Rs. 2,87,00,000/- (Rupees two crores and eighty seven lakhs) to the appellant payable with interest at 12 per cent per annum upon maturity. It was further renegotiated and ultimately the rate of interest was reduced to 7 per cent per annum on and from 1st April, 2020. It is further stated that the interest would be p

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