MITA SURANA Vs. SURENDRA SINGH BENGANI

JUDGEMENT

(1.) The plaintiff has filed the present application praying for final judgment upon admission for a sum of Rs.35,32,534.00. The plaintiff has filed the suit being CS No. 13 of 2021 praying for following reliefs:

(2.) The plaintiff in her plaint contended that the defendant having long time acquaintance with the plaintiff and sometimes in the first week of October, 2016, the defendant approached the plaintiff for one time financial accommodation of Rs.50,00,000.00 for his business purpose. Pursuant to the discussion between the plaintiff and the defendant, the plaintiff agreed to pay Rs.50.00 lakhs to the defendant, as a short time financial accommodation which shall carry interest at the rate of 15% per annum and the defendant shall repay the said loan amount within a period of three months of demand of such refund.

(3.) The plaintiff relying upon the assurance of the defendant had lent and advance an amount of Rs.50.00 lakhs to the defendant on October 3, 2016 by way of a cheque being No. 059968 drawn on Oriental Bank of Commerce, Brabourne Road Branch, Kolkata-700001, and the same was received by the defendant through Axis Bank Sarat Bose Road Branch, Kolkata. On receipt of the said amount, the defendant had executed a Promissory Note by confirming the receipt of the amount of Rs.50.00 lakhs on October 3, 2016.