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2024 Supreme(Cal) 1239

KRISHNA RAO
Pradeep Kumar Saraogi – Appellant
Versus
Pradip Kumar Agarwal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ranjan Bachawat, Satyaki Mukherjee, Amrita Panja Moulick.
For the Respondents: S. Sanyal, Sutirtha Das, Sourajit Mukherjee.

JUDGMENT :

KRISHNA RAO, J.

1. The Plaintiffs have filed the present application for a judgment upon admission for a sum of Rs.1,33,33,333/- along with an interest of 18% per annum.

2. The plaintiff nos. 2 and 4 are the daughters, and the plaintiff no. 3 is the daughter-in-law, of the plaintiff no. 1, and they are all engaged in a family business.

3. The defendant is a distant relative of the plaintiffs, being the plaintiff no. 1’s sister’s husband’s brother.

4. The defendant had requested the plaintiff for financial assistance of Rs. 1 (One) Crore, and accordingly after discussions between the plaintiffs and the defendant, the plaintiffs have agreed to pay the discussed amount of Rs.1 (One) Crore to the defendant. It was also discussed between the parties that the advanced requisite sums would be repaid by the Defendant within 5 (five) Years, and that the said advances could be recalled in case of default or at the option of the Plaintiffs for any reason on demand, whichever was earlier.

5. It was also further agreed, that the defendant, would continue to make regular payment of interest at the rate of 10% per annum.

6. The Plaintiff No. 2 has lent and advanced a sum of Rs.30,00,000/- to

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