R K AGENCIES LIMITED Vs. CENTRAL BANK OF INDIA
LAWS(CAL)-2012-2-103
HIGH COURT OF CALCUTTA
Decided on February 03,2012

R K AGENCIES LIMITED Appellant
VERSUS
CENTRAL BANK OF INDIA Respondents

JUDGEMENT

- (1.) R. K. Agencies Limited (the plaintiff, in short) instituted this suit on 3 April 1987 in this Court essentially claiming a decree for Rs.28,04,027.76/-, a declaration that the fixed deposit receipt no. 11/190 dated 28 November 1984 and the proceeds thereof are free from any claim or lien thereon by the defendant, interim interest, interest on judgment, receiver, injunction, cost, further or other relief. After the institution of the suit the writ of summons was duly served upon the sole defendant, Central Bank of India (the defendant, in short) and after entering appearance the defendant eventually filed its written statement to contest the suit first in the month of May 2004 and thereafter reverified the written statement once more after its amendment in the month of August 2006.
(2.) The case of the plaintiff as stated in the plaint proceeds on the basis that "on or about 27 November 1984 the plaintiff deposited a sum of Rs.20,00,000/- with the defendant at its Office at 33, Netaji Subhas Road, Calcutta 700 001" within the Original Jurisdiction of this Court. The amount of Rs.20,00,000/- was to be kept by the defendant in a fixed deposit account carrying usual interest.
(3.) On or about 28 November 1984 "the defendant granted a fixed deposit receipt for the said sum of Rs.20,00,000/-.";


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