( 1 ) THE plaintiff, a registered partnership firm through its Managing Partner, Sh. Anil Kumar Aggarwal, has filed this suit under Order 37, Civil Procedure Code on the basis of an agreement dated 12th June, 1991 under which a short term loan of Rs. 10,00,000. 00 (Rupees ten lakhs) was given to defendant No. 1, through its Managing Director Sh. N. S. H. Prasad, to be returned on 31st October, 1991 along with interest at the rate of 24% per annum payable on first of every month. The amount was paid through a Bank draft of Canara Bank dated 17th June, 1991. The defendant assured under the agreement that it would be returned on or before 31st October, 1991 with interest at the rate of 24 percent. The defendant, in addition to above, also agreed and undertook to give other benefit to the plaintiff arising out of exports made by defendant No. 1 and the post shipment facilities available to the exporters. The defendant failed to honour his commitment and also failed and neglected to pay the said amount of Rs. 10,00,000. 00 with interest of post dated cheque dated 1. 8. 1998 for a sum of Rs. 12,71,475. 00 was given to the plaintiff on 16. 7. 1998. This included Rs. 10,00