JUDGMENT

IA 8177/2022

1. This application has been filed by the plaintiff under Order XIIIA of the Code of Civil Procedure, 1908, as applicable to the Commercial Disputes of a specified value, (hereinafter referred to as `CPC'), inter alia, praying for the following reliefs:

"a) Pass a summary judgement in favour of the Plaintiff and against the Defendant thereby Directing the Defendant to pay-

• A sum of INR 4,21,00,000/- [Indian Rupees Four Crores Twenty One Lakhs] as principal,
• A sum of INR 1,10,13,360/- [Indian Rupees One Crore Ten Lakhs Thirteen Thousand Three Hundred and Sixty] as interest@ 6.976% per annum, commencing from 1.09.2016 to 31.05.2020,
• A further sum of pendente-lite and future interest @18% per annum on the outstanding sum of INR 5,31,13,360/- [Indian Rupees Five Crores Thirty One Lakhs Thirteen Thousand Three Hundred and Sixty]."

CASE OF THE PLAINTIFF

2. It is the case of the plaintiff that the plaintiff is engaged in the business of Real Estate Development and Construction. The plaintiff has known the defendant for several years as the defendant is also engaged in the business of Real Estate. The parties entered into a congenial formal relationship. Sometime in th