Dhruv Surana vs Surendra Singh Bengani

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 1589

KRISHNA RAO
Dhruv Surana – Appellant
Versus
Surendra Singh Bengani – Respondent

Advocates Appeared:
For the Petitioner: Mr. Reetobroto Mitra, Mr. Rudrajit Sarkar, Mr. Jai Kumar Sharma.
For the Respondent: Mr. Rohit Banerjee, Mr. Virendra Singh Bengani.

Table of Content
1. background of loan and repayment terms. (Para 1 , 2 , 3 , 4 , 5)
2. arguments regarding loan validity and licenses. (Para 6 , 8 , 9 , 10 , 11 , 12)
3. judicial analysis on maintainability and admissions. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20)
4. court's reasoning on trailable issues. (Para 22 , 24)
5. final order and decree issued. (Para 25)

JUDGMENT :

(Krishna Rao, J.)

1. The plaintiff has filed the present application praying for final judgment upon admission for a sum of Rs. 49,45,548/-. The plaintiff has filed the suit being CS No. 12 of 2021 praying for following reliefs:

(b) Interim interest and interest upon judgment at the rate of 15 % per annum.”

2. The plaintiff in his plaint contended that the defendant having long time acquaintance with the plaintiff and sometimes in the last week of October, 2016, the defendant approached the plaintiff for one time financial accommodation of Rs. 35,00,000/- for his business purpose. Pursuant to the discussion between the plaintiff and the defendant, the plaintiff agreed to pay Rs. 35 lakhs to the defendant, as a short time financial accommodation whi