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SUNITA

GOSWAMI

D byig Sit Ua Nlly

I

Ts Aigned

GOSWAMI

Date: 2026.02.05

14:58:12 +0530

2026:CGHC:6504-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

FA No. 208 of 2023

Reserved on 23/01/2026

Pronounced on 05/02/2026

Nayan Dutta S/o Late Tappan Dutta, Aged About 42 Years, R/o Near Station

Pond Manendragarh, District : Koriya, Chhattisgarh

... Appellant/Defendant

versus

Dr. K.K. Agrawal S/o Late Pardesi Lal Agrawal, Aged About 65 Years, R/o Dr.

K. K Agrawal Heart Centre Ameri Road, Nehru Nagar Bilaspur, Tehsil And

District Bilaspur, Chhattisgarh.

... Respondent

For Appellant : Mr. Shakti Raj Sinha, Advocate

For Respondent : Mr. H.B. Agrawal, learned Senior Counsel

appears along with Ms. A. Sandhya Rao,

Advocate

DB: Hon'ble Shri Justice Sanjay S. Agrawal &

Hon'ble Shri Justice Amitendra Kishore Prasad

C A V Judgment

Per Sanjay S. Agrawal, J

1) This appeal has been preferred by the appellant/defendant under

Section 96 of the Code of Civil Procedure, 1908, questioning the

legality and propriety of the judgment and decree dated 20.10.2023

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passed by the First Additional District Judge, Bilaspur (C.G.) in Civil

Suit No.5-B/2017, whereby, the plaintiff’s claim, has been decreed

entitling him to a sum of Rs.56,00,000/- (Rs. Fifty six lacs only) payable

by the defendant along with the interest @ 6% per annum from the

date of institution of the suit, i.e. 24.01.2017, till the delivery of the

judgment, within a period of two months, else it shall carry interest @

7.5 % per annum till its realization. Parties shall be referred hereinafter

as per their description before the concerned trial Court.

2) Briefly stated the facts of the case are that the plaintiff instituted a suit

claiming refund of Rs.56,00,000/- along with the interest, alleging inter

alia, that the defendant- Nayan Dutta assured him to get the admission

of his son, namely, Hemang Agrawal, who has passed his M.B.B.S.

(Bachelor of Medicine, Bachelor of Surgery) course, for pursuing P.G.

(Post Graduate) course in Government Medical College at Kolkata, as

he had linked with Hon’ble the Chief Minister and, based upon the

alleged assurance, he got a sum of Rs.56,00,000/- from him on

different dates. It is pleaded by him that in pursuance to the alleged

assurance, he obtained a sum of Rs.1,00,000/- on 10.05.2012 and

thereafter, paid him Rs. 25,00,000/- on 06.10.2012 in presence of Dr.

Badri Jaiswal and Bhagwati Prasad Saraf and, has given him further a

sum of Rs.13,70,000/- on 29.08.2013 from his locker of Bank of

Maharashtra, which was counted by its employee, namely, Lalchand

Soni. It is pleaded further by the plaintiff that based upon his alleged

assurance, he again paid him Rs.3,00,000/- and Rs.1,50,000/- on

31.08.2013 and 01.10.2013, respectively through the Cheque bearing

No.0744215 and 0744216 drawn from the State Bank of India and

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thereafter, paid him Rs.4,70,000/- through the Cheque bearing

No.042380 drawn from the Union Bank of India from his wife’s account

on 03.09.2013 and on the same day, he again paid him Rs.2,10,000/-

through the Cheque bearing No.0149973 drawn from the Axis Bank,

which was issued by his son- Hemang Agrawal. The alleged Cheques

were given to the defendant in the name of his proprietorship firm,

known as “Abhay Chhattisgarh”. It is pleaded further that the

defendant, later on, informed him that, despite the instructions of

Hon’ble the Chief Minister, the D.M.E. is not providing the admission to

his son and has demanded additional sum of Rs.5,00,000/- and,

therefore, he again gave him a sum of Rs.5,00,000/- from his locker, on

18.10.2013 in presence of Dr. Badri Jaiswal. It is pleaded further that

the defendant while assuring him to get his son’s admission in

Government Medical College for pursuing his P.G. course, has

obtained a total sum of Rs.56,00,000/- on different dates, therefore,

upon knowing that he was defrauded by him, a Criminal Case was filed

by him for the offence punishable under Sections 420, 467, 468 and

471 of IPC in connection with Crime No.75/2016 and has constrained

to inst