JUDGEMENT
ARIJIT BANERJEE, J. -
(1.) THIS is an application for judgment on admission of a sum of Rs. 3,69,00,000/ -. There are other prayers in the application including prayers for furnishing of security by the defendant, injunction
restraining the defendant from dealing with its assets and properties,
appointment of receiver for taking possession of the assets and
properties of the defendant, but such prayers have not been pressed. Only
the prayer for judgment on admission has been pressed by the plaintiff.
The case of the plaintiff/petitioner:
(2.) IN the first week of July, 2013, the defendant approached the plaintiff with a request for short -term loan of Rs. 3,69,00,000/ - in the
form of Inter -Corporate Deposit (ICD) carrying interest at the rate of 8%
per annum. The plaintiff acceded to such request and the defendant agreed
repay the said sum together with interest calculated at the rate of 8%
per annum by February 15, 2014.
(3.) ACCORDINGLY , the plaintiff paid the said sum of Rs. 3,69,00,000/ - to the defendant between 23rd July, 2013 and 27th August, 2013 by way of
transfer from the plaintiff 's account maintained with the Kotak Mahindra
Bank Ltd. to the defendant 's bank account maintained with Bank of Baroda.
After receiving the said sum, the defendant issued 15 cheques all dated 15th February, 2014 aggregating a sum of Rs. 3,69,00,000/ - in
favour of the plaintiff drawn on the Bank of Baroda as per particulars
mentioned in paragraph 6 of the petition.;
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