JUDGMENT :

JAYANT NATH, J.

IA No.2927/2018

1. This application is filed by the plaintiff under Order 13A seeking pronouncement of Summary Judgment against the defendants. The plaintiff has filed the present suit for recovery of a sum of Rs.17,91,00,750/- apart from other reliefs. The case of the plaintiffs is that defendant No.2 claiming himself to be the Director of defendant No.1 company after negotiations and deliberations entered into a Money Receipt Agreement with the plaintiffs dated 5.5.2014 signed on 6.5.2014 for transfer of the entire shareholding in defendant No.1 company in favour of plaintiffs free from all encumberances for Rs.42,25,00,000/-. The plaintiff is also said to have paid Rs.9,00,00,000/- to defendant No.2 at the same time. It is stated that by 11.5.2014 defendant No.2 received total amount of Rs.12,00,00,000/- from the plaintiffs. Besides, defendant No.2 also received various cheques on 11.5.2014 in the name of defendants No.1,3,4 and 5 for Rs.1,50,00,000/-. One cheque of Rs.50,00,000/- issued in favour of defendant No.1 was never presented by the defendants. On 5.12.2014 it is pleaded that the defendants got a pre-printed M.O.U. executed from the plaintiff re-