IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Present :

THE HON’BLE JUSTICE ARINDAM MUKHERJEE IA GA NO. 2 of 2025 In CS 199 of 2024 SUBHAS CHANDRA AGARWALLA VS DR. SONALI BASU For Plaintiff : Mr. Aritra Basu, Adv.

Mr. Souradeep Banerjee, Adv.

Ms. Sonia Sharma, Adv.

……...Advocates For the Defendant : Mr. Pourush Bandyopadhyay, Adv.

Mr. Kamran Hussain, Adv.

Mr. Shivam Pathak, Adv.

….….. Advocates Heard On : 2 5 t h M a r c h , 2 0 2 6 .

Judgment on : 25th March, 2026.

Arindam Mukherjee, J:

1) In a suit for money lent and advanced the plaintiff has taken out the instant application inter alia for judgement on admission.

2) It is the case of the plaintiff as borne out from the plaint and the documents annexed to the application are as follows:-

a) The defendant joined a school by the name of Sri Sri Academy, Asansol of which the plaintiff is the Patron.

b) The defendant represented to the plaintiff that she had taken loan at high interest rate against two flats and jewelleries from LIC Housing Finance. Two flats are respectively flat no. 5G and 5F at the 4th floor of premises no. 37 Marias Bhumi Road, Ward no. 3, Dumdum, Dist- North 24 Parganas (hereinafter for the sake of convenience referred to as the said flats). The huge interest was causing hardship to the defendant for which she wanted a loan of Rs. 54,00,000/- from the plaintiff on the understanding that a sum of Rs. 1,00,000/- will be paid on monthly basis from her salary to repay the loan in 54 monthly instalments without any interest. On the basis of such request, the plaintiff agreed to give a temporary accommodation loan of Rs. 54,00,000/- on the same being repaid by a monthly instalment of Rs. 1,00,000/- to be adjusted from the defendant’s salary. The defendant also handed over copies of the title deed of the said two flats to the plaintiff.

c) The agreement by which the plaintiff agreed to lend out Rs.

54,00,000/- and defendant agreed to receive said sum as the loan took place at the plaintiff’s office situated at the 4th Floor, Ideal Centre, 9, AJC Bose Road, P.S- Shakespeare Sarani, Kolkata- 700 017 within the Ordinary Original Civil Jurisdiction of this Court.

d) In terms of the said agreement the plaintiff had in two tranches transmitted a sum of Rs. 27,00,000/- on 29th December, 2022 and 3rd January, 2023 through his banker Axis Bank Ltd. Shakesphere Sarani Branch also within the jurisdiction of this Court. The plaintiff has annexed the bank account statements of the plaintiff’s account maintained with Axis Bank.

e) The defendant paid only a sum of Rs.1,75,000/- out of Rs.54,00,000/- and resigned from the said school thereby leaving an unpaid amount of Rs. 52,25,000/-.

f) The plaintiff by a letter dated 14th December, 2023 called upon the loan and requested the defendant to pay the said sum of Rs.52,25,000/- at the earliest.

g) The defendant according to the plaintiff after receiving the said letter handed over a cheque for Rs. 52,25,000/- drawn on Axis Bank Limited, Jhansi-284001 (UP) Branch towards repayment of the unpaid loan. The said cheque was dated 16th July, 2024 and bears the number 105793. The said cheque on being presented for encashment was dishonoured for “funds insufficient”. The plaintiff has annexed a photocopy of the said cheque as also the cheque returning memo.

h) The plaintiff has claimed interest at the rate of 18% from 14th December, 2023 to 16th September, 2024 aggregating to 277 days. The interest component as shown in the plaint is Rs. 7,13,749/-. The plaintiff therefore has claimed a decree for Rs. 59,38,749/- and further interest at the rate of 18% till repayment.

i) The suit was instituted on or about 18th September, 2024.

3) The plaintiff says that receipt of the money aggregating to Rs.

54,00,000/- is admitted by the defendant. The receipt of the letter dated 14th December, 2023 is also admitted by the defendant. No payment except Rs.1,75,000/- has been admittedly made out of the said sum of Rs.54,000/-.

4) The defendant