DIVIJ MERCANTILES PVT. LTD. Vs. SABITA RUNGTA

JUDGEMENT

(1.) The plaintiff has filed an application praying for interim order. The plaintiff has filed a suit against the defendants for recovery of an amount of Rs.91,61,450.00 along with further interest at the rate of 18% per annum from the date of institution of the suit till realization of the said amount.

(2.) As per the case of the plaintiff, in between 2/1/2015 to 24/11/2017 from time to time, the plaintiff lent and advanced an amount of Rs.2,87,00,000.00 to the defendants. In between 20/3/2015 and 23/9/2016, the defendants made part payment of Rs.2,05,00,000.00. In between 17/3/2016 to 10/3/2021, the defendants have paid further part payment of Rs.25,60,899.00 being the interest of the borrowed amount.

(3.) The plaintiff says that the defendants have also paid TDS from time to time till the financial year 2020-2021. The defendants failed to pay the balance amount of Rs.82,00,00.00 along with interest of Rs.9,61,450.00 to the plaintiff. The plaintiff has sent a letter to the defendants on 23/12/2021 calling upon the defendants for payment of Rs.82,00,000.00 along with interest of Rs.9,61,450.00 to the plaintiff and on receipt of the notice, the defendants had sent a reply to the plaintiff admitting the said amount but refused to pay the said amount.