OD-27 IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE APDT/8/2025 With CS/176/2022 KAMLESH AGARWAL VS SULOCHANA PODDAR BEFORE:

The Hon’ble JUSTICE DEBANGSU BASAK -AND-

The Hon’ble JUSTICE MD. SHABBAR RASHIDI For the Appellant : Mr. Anirban Ray, Sr. Adv.

Mr. Debdutt Mukherjee, Adv.

Mr. Varun Kothari, Adv.

Mr. Nikunj Berlia, Adv. Mrs. Urvashi Jain, Adv.

For the Respondent : Mr. Rajarshi Dutta, Adv.

Mr. A. P. Agarwalla, Adv.

Mr. Sarbajit Mukherjee, Adv.

Mr. Sarbesh Choudhury, Adv.

HEARD ON : 13.05.2026 DELIVERED ON : 13.05.2026 DEBANGSU BASAK, J.:-

1. Appeal is at the behest of a defendant in a suit and directed against the judgment and decree dated January 15, 2025.

2. By the impugned judgment and decree, learned Single Judge, passed a decree for a sum of Rs.40,00,000/- along with interest at the rate of 15% per annum from April 1, 2019 till realisation of the decretal amount, under Chapter XIIIA of the Original Side Rules.

3. Learned Senior Advocate appearing for the appellant submits that, the suit was for recovery of money lent and advanced. He submits that, the respondent herein, as the plaintiff, is a money lender within the meaning of West Bengal Money Lenders Act,