JUDGMENT :

KRISHNA RAO, J.

1. The plaintiff has filed an application being G.A. No. 6 of 2022 for summary judgment and decree against the defendant for Rs.7,23,63,548/- along with interest. The defendant has filed an application being G.A. No. 7 of 2022 praying for leave to defend the suit unconditionally being C.S. No. 116 of 2017.

2. The plaintiff has filed the suit being C.S. No. 116 of 2017 against the defendant for recovery an amount of Rs.7,23,63,548/- along with interest. The plaintiff has advanced an amount of Rs.1,70,00,000/- on 3rd January, 2011 by way of RTGS and a sum of Rs.2,35,00,000/- on 4th January, 2011 by RTGS totaling Rs.4,05,00,000/- to the defendant for purchase of immovable properties and the defendant has acknowledged the said amount. In the month of September, 2011, the defendant has informed the plaintiff that the defendant is not in a position to convey the properties to the plaintiff and the defendant agreed to return the amount received by the defendant to the plaintiff. The defendant to discharge its lability had issued two cheques being No. 117588 dated 8th April, 2014 of Rs.2,50,00,000/- of Federal Bank, Overseas Branch, Kolkata and cheque No. 117590 dat