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2024 Supreme(Cal) 1202

KRISHNA RAO
Anchor Investment Private Limited – Appellant
Versus
TCI Finance Limited – Respondent


Advocates Appeared:
For the Plaintiff : Mr. Rajarshi Dutta, Mr. V.V.V. Sastry, Mr. Rahul Poddar, Mr. Debargha Basu.
For the Defendant : Mr. Rudraman Bhattacharya, Mr. Rohit Banerjee, Mr. Akash Munshi, Mr. Suryaneel Das, Mr. Aditya Mondal, Mr. Chiranjit Pal, Ms. Srishti Das.

JUDGMENT :

Krishna Rao, J.

1. Plaintiff has filed the present application for recalling a part of the Judgment and Decree passed by this Court on 8th December, 2022 in C.S. No. 133 of 2019 and to allow the plaintiff to pursue its claim for interest and cost in accordance with law or in the alternative, the judgment and decree be amended or modified to include a direction on the defendant to pay costs of Rs.40,84,981/- to the plaintiff in terms of Section 35 read with Section 35A of the Code of Civil Procedure, 1908.

2. The plaintiff had filed the suit being C.S. No. 133 of 2019 praying for a decree for Rs.83,46,507/- along with interest at the rate of 17% per annum and also prayed for cost. In the suit, the plaintiff has filed an application under Chapter XIIIA of the Original Side Rules of this Court for final judgment and decree. Defendant has contested the said application. By a judgment dated 8th December, 2022, this Court disposed of the said application holding that there is nothing which the defendant has been able to demonstrate that there is any plausible defence to the unimpeachable claim of the plaintiff. This court passes decree on admission directing the defendant to pay

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