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2024 Supreme(Cal) 322

KRISHNA RAO
Surendra Singh Bengani – Appellant
Versus
Sudha Kankaria – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rohit Banerjee Mr. Virendra Singh Bengani
For the Respondent: Mr. Debrup Bhattacharjee Mr. Subrata Goswami

JUDGMENT :

Krishna Rao, J.:

1. The plaintiff has filed the present application being G.A. No. 3 of 2023 in C.S. No. 142 of 2021 praying for judgment and decree upon admission. The plaintiff has filed the suit against the defendant for a decree for sum of Rs. 9,99,97,678/-along with interest.

2. The plaintiff says that the defendant has unconditionally and unequivocally admitted and acknowledged the amount claimed by the plaintiff. He submits that the defendant confirmed the accounts showing outstanding dues for the period 2015-2016, 2016-2017 and 2017-2018. The plaintiff says that it is clear from the admissions made in the pleadings and otherwise as well as the submissions made on behalf of the defendant that the defendant has admitted the jural relationship between the parties.

3. The plaintiff relied upon the statement of account bearing No. 910010017274507 with the Axis Bank Ltd., Sarat Bose Road, Kolkata – 700 020 wherein on diverse dates from 6th May, 2015 to 27th December, 2018, the plaintiff has transferred an amount of Rs. 6,84,01,288/-to the defendant either by way of RTGS or NEFT.

4. The plaintiff has also relied upon the confirmation of accounts for the Financial Year 2015-1

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