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2025 Supreme(Online)(CAL) 405

CALCUTTA HIGH COURT
Justice Krishna Rao, J
APARNA JALAN – Appellant
Versus
SMT. KANAK HIMATSINGKA AND ORS – Respondent


Advocates:
Mr. Utpal Bose, Sr. Adv., Mr. Aniruddha Mitra, Sr. Adv., Mr. Zeeshan Haque, Mr. Kaushik Banerjee, Ms. Rashmita Sen, Mr. Anuj Singh, Mr. Saubhik Chowdhury, Ms. Tapasi Bose, Mr. P. Sinha, Mr. S. Banerjee

Krishna Rao, J.:

1. The plaintiff has filed the present application being G.A. No.1 of 2023 in C.S. No. 82 of 2022 praying for judgment upon admission for a sum of Rs. 50,00,000/- along with interest at the rate of 15% per annum from 1st January, 2018 till realization of the said amount.

2. As per the case made out by the plaintiff, the original defendant since deceased Srawan Kumar Himatsingka, the husband of the substituted defendant no.1(a) and the father of substituted defendant no.1(b) and 1(c) had approached the plaintiff for a short term loan/ financial assistance of Rs. 50,00,000/- for the purpose of expanding his business. Due to the close proximate relations between the plaintiff and the original defendant and the assurances given by the original defendant, the plaintiff has paid Rs. 50,00,000/- in two tranches on 15th July, 2013, an amount of Rs. 25,00,000/- and on 14th May, 2014, an amount of Rs. 25,00,000/- by way of bank transfer.

3. On receipt of the loan amount, the original defendant has acknowledged the receipts and had issued postdated cheques to the plaintiff and also agreed that the said loan amount would carry interest at the rate of 17% per annum. As per the req

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