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2024 Supreme(Cal) 317

KRISHNA RAO
Tapan Ranjan Maiti – Appellant
Versus
Shyamal Sarkar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ratul Das
For the Respondent: Mr. Aniruddha Mitra, Mr. Sukumar Das, Mr. Dhilon Sengupta

JUDGMENT :

Krishna Rao, J.

1. The plaintiff has filed the present case against the defendant for recovery of an amount of Rs.14,82,077/-along with interest at the rate of 18% per annum. In the month of December, 2009, the defendant had approached the plaintiff and informed that the defendant is in urgent need of money as loan for business purposes and the defendant had also agreed to pay interest at the rate of 6% per annum. As per the request of the defendant, the plaintiff has paid an amount of Rs.13,78,000/-on different dates from 8th December, 2009 to 21st March, 2010 and the defendant has also executed receipts with respect to the amounts received by the defendant.

2. Out of the total amount, the defendant has repaid only a sum of Rs.1,06,000/-. Initially, the plaintiff had issued notice to the defendant on 18th April, 2012 calling upon the defendant for payment of the amount along with interest but the plaintiff finds some mistakes in the said notice, the plaintiff has withdrawn the said notice and issued a fresh notice on 16th July, 2012, calling upon the defendant to pay a sum of Rs.14,82,077/-. Though the notice was duly served upon the defendant but the defendant had neither

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