DUTTA VINIMAY PVT. LTD. Vs. DINESH SINGH

JUDGEMENT

(1.) The plaintiff has filed the present application being G.A. No. 1 of 2024 praying for interim order, appointment of Receiver and for furnishing security deposit.

(2.) At the request of the defendant, the plaintiff has lent and advanced an amount of Rs.25,00,000.00 to the defendant for a period of six months at the rate of 2% monthly interest. At the request of the defendant, time to refund the amount was further extended for a period of six months. The defendant time to time paid the interest as agreed between the parties.

(3.) In the month of April, 2022, the defendant had again requested the plaintiff for another accommodation of loan of Rs.2,50,00,00.00 in order to enable the defendant to take on lease a piece and parcel of land for the purpose of storage, warehousing, parking, container yard, Port and Port related purpose on "as is where is" basis for a period of 30 years. As per the request of the defendant, the plaintiff has further lent and advanced an amount of Rs.2,50,00,000.00 to the defendant and on 15/4/2022, an agreement was entered between the parties. The defendant agreed to pay interest at the rate of 13% per annum. The plaintiff has paid the amount of Rs.2,50,00,000.00 to the defendant on five tranches, from 18/4/2022 to 8/6/2022.