(1.) The present application under Order XII Rule 6 read with Sec. 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC, 1908 ") has been filed on behalf of the plaintiff seeking a Decree in the sum of Rs.6,97,00,000.00 along with interest @ 18% per annum pre-litigation, pendente lite and future interest @ 18% per annum.
(2.) It is submitted in the application that the plaintiff had given advances to the defendant Company as loan, by way of bank transfer/ RTGS/ NEFT. An amount of Rs.18,38,27,000.00 was given during the period from 3/1/2014 to 1/8/2018 to the defendant Company. After giving an adjustment of the repaid amount, an amount of Rs.7,06,65,844.00 along with interest@ 18% per annum amounting to Rs.10,66,09,541.00 till 30/9/2019 is payable.
(3.) It is asserted by the plaintiff that the defendant in its Written Statement has made clear, unambiguous, unconditional acknowledgement of the liability. It has disputed only an amount of Rs.1,61,00,000.00, even though it had been paid by the defendant by way of bank transfers/RTGS/NEFT/bank cheques. The defendant-Company has made unequivocal admissions in paragraph 17 and 21 in respect of its liability to pay the sum of Rs.6,97,00,000.00out of the claimed amount. Hence, a prayer has been made that a Decree in respect of the admitted amount of Rs.6,97,00,000.00 along with the interest @ 18% per annum may be made.