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KRISHNA RAO
Cherry Agarwal – Appellant
Versus
Omprakash Gupta – Respondent


Counsel for the Parties:
For the Petitioner:Ms. Manju Agarwal, Advocate
For the Respondent:Mr. Suddhasatva Banerjee, Mr. Sounak Sengputa, Mr. Amit Muhuri, Ms. Rituparna Chatterjee and Mr. Dibeyendu Ghosh. Advocates

JUDGMENT

Krishna Rao, J.—The plaintiff has filed the present application under Chapter XIIIA of the Original Side Rules of this Court for decree for a sum of Rs.13,75,000/- or in the alternative compensation assessed at Rs.13,75,000/- and interest.

2. The plaintiff contents that in the month of June’ 2015, the defendant had approached the father of the plaintiff for grant of temporary loan for a sum of Rs.10 lacs along with interest at the rate of 18% per annum on demand. As there was a longstanding relationship and acquaintance of the father of the plaintiff with the defendant, the plaintiff had agreed to lent and advance a sum of Rs.10 lacs to the defendant vide cheque No. DJ2143967 dated 15th June, 2015 of Kotak Mahindra Bank, Kali Krishna Tagore Street Branch, Kolkata. The defendant has encashed the amount on 17th June, 2015.

3. After receipt of the loan amount, the defendant failed to return either principal amount or the interest accrued therein inspite of several requests made by the plaintiff to the defendant. On 21st July, 2017, the plaintiff had issued notice to the d

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