NAYAN DUTTA Vs. K.K. AGRAWAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant/defendant under Sec. 96 of the Code of Civil Procedure, 1908, questioning the legality and propriety of the judgment and decree dtd. 20/10/2023 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.56,00,000.00 (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. 24/1/2017, 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.56,00,000.00 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.56,00,000.00 from him on different dates. It is pleaded by him that in pursuance to the alleged assurance, he obtained a sum of Rs.1,00,000.00 on 10/5/2012 and thereafter, paid him Rs.25,00,000/- on 6/10/2012 in presence of Dr. Badri Jaiswal and Bhagwati Prasad Saraf and, has given him further a sum of Rs.13,70,000.00 on 29/8/2013 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.3,00,000.00 and Rs.1,50,000.00 on 31/8/2013 and 1/10/2013, respectively through the Cheque bearing No.0744215 and 0744216 drawn from the State Bank of India and thereafter, paid him Rs.4,70,000.00 through the Cheque bearing No.042380 drawn from the Union Bank of India from his wife's account on 3/9/2013 and on the same day, he again paid him Rs.2,10,000.00 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.5,00,000.00 and, therefore, he again gave him a sum of Rs.5,00,000.00 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.56,00,000.00 on different dates, therefore, upon knowing that he was defrauded by him, a Criminal Case was filed by him for the offence punishable under Ss. 420, 467, 468 and 471 of IPC in connection with Crime No.75/2016 and has constrained to institute the suit in the instant nature for the recovery of the alleged amount of Rs.56,00,000.00 along with the interest from the date of institution of the suit, till its realization.

(3.) While contesting the aforesaid claim, it was pleaded by the defendant that he never received the alleged amount of Rs.56,00,000.00 from the plaintiff while assuring him to get his son admitted into the Government Medical College at Kolkata for his P.G. course. According to him, he received Rs.3,00,000.00 on 31/8/2013 from the plaintiff, while Rs.1,50,000.00, Rs.4,70,000.00 and Rs.2,10,000.00 on 1/10/2013, 3/9/2013 and 3/9/2013, respectively, as shown in plaint para 8 and 9, but the same was, in fact, borrowed by him for the construction of his house and, not for the alleged assurance, as alleged by him and it was pleaded further that the said amount, so received, has already been refunded to him.