LAWS(CAL)-2017-4-38

RAJIB SAHA Vs. MONJUR ALAM MALLICK

Decided On April 25, 2017
RAJIB SAHA Appellant
V/S
Monjur Alam Mallick Respondents

JUDGEMENT

(1.) C.S. 130 of 2008 and EOS 8 of 2015 have been tried together as the issues and the parties involved in both the suits are common. So, these two suits can be decided by a common judgment.

(2.) In CS 130 of 2008 the plaintiff has prayed for a decree for Rs. 39,44,000.00, interim interest and interest on judgment @ 15% per annum and other reliefs.

(3.) The plaintiff's case, in brief, is that the plaintiff by virtue of their cordial relationship and relying upon representations and assurances given by the defendant and believing the same to be true and correct had agreed to lend a sum of Rs. 29 lakhs and accordingly disbursed the said amount to the defendant by three A/c. payee cheques being nos. 765916 dated March 14, 2005, 765918 dated March 21, 2005 and 765919 dated March 30, 2005, respectively drawn on the Standard Chartered Bank, Shyambazar Branch, in favour of the defendant.