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2021 Supreme(Cal) 589

MOUSHUMI BHATTACHARYA
Prabha Surana – Appellant
Versus
Jaideep Halwasiya – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Suman Dutt, Adv., Mr. Amritam Mandal, Adv., Mr. Anil Choudhury, Adv.
For the Respondent: Mr. Siddhartha Mitra, Sr. Adv., Mr. Reetobroto Mitra, Adv. Mr. A.P. Gomes, Adv. Ms. Akriti. Jain, Adv., Mr. Pradip Sarawagi, Adv.

JUDGMENT :

1. The petitioner seeks an order of injunction against the respondent in respect of money lent and advanced by the petitioner to the respondent on various dates from May 2017 to February 2018 of a principal sum of Rs.7,50,00,000/- (Rs. Seven crore Fifty lakhs). The said amount was paid by the petitioner to the respondent by way of five cheques drawn on Axis Bank. According to the petitioner, the money was given as loan pursuant to requests made for such by the respondent and at an agreed rate of interest of 15% per annum.

2. Mr. Suman Dutt, senior counsel appearing for the petitioner submits that an interim order is called for since the respondent has denied the loan facility in its entirety. Counsel places the bank account statements of the petitioner from 01-05-2017 to 31-05-2017 which reflect that three transfers were made through RTGS by the petitioner to the respondent and a further statement for the period of 25-02-2018 to 28-02-2018 showing two further tranches of payments made by the petitioner to the respondent. Counsel further places the relevant Form 26AS which shows that the respondent has deposited TDS on account of three payments towards interest made by the

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