SHEKHAR B.SARAF,J. - (1.) The plaintiff is a company incorporated under the provisions of the Companies Act , 1956 having its registered office at 79, Shambhunath Pandit Street, Kolkata - 700020 and carrying on business from Room No. 527, Poddar Court, 18, Rabindra Sarani, Kolkata - 700001 [hereinafter referred to as 'plaintiff company'] engaged in the business of the construction and real estate. Wherein, on the other hand defendant is a company incorporated under the provisos of the Companies Act , 1956, having its registered office at Plot No. 638, Urla Industrial Complex, Raipur - 493221 [hereinafter referred to as 'defendant company'] engaged in the similar line of business as that of the plaintiff company. The plaintiff company has instituted this suit against the defendant company praying for a decree of Rs.
(2.) ,32,20,000/- (Rupees Two Crore Thirty Two Lakhs Twenty Thousand Only), which includes the principle outstanding amount due to the plaintiff company and also interest @ 18% p.a. is calculated from 23rd August, 2013 to 28th August, 2017. And further the plaintiff company has also prayed for interest pendente lite till the date of realization of amount. 2. The chronological facts leading to the instant case in delineated below: a. The plaintiff company and the defendant company entered into an agreement dated 28th August, 2013. Wherein, plaintiff company and the defendant company were to jointly develop properties situated at Raipur. b. On 28th August, 2013 the plaintiff company transferred an amount of Rs. 15,00,000/- (Rupees Fifteen Lakhs Only) through Real Time Gross Transfer (RTGS) from an account maintained at ICICI Bank, Chowringhee Branch, Kolkata - 700016 to the defendant company's bank account. The payment was made under the agreement dated 28th August, 2013. c. Subsequently, in the month of April, 2014 the plaintiff company and the defendant company met at the office of plaintiff company situated at Room No. 527, Poddar Court, 18, Rabindra Sarani, Kolkata - 700001. Wherein, it was orally agreed between the plaintiff company and the defendant company that the defendant company would look into the construction work and the plaintiff company would lend a sum of Rs. 1,35,00,000/- (Rupees One Crore and Thirty Five Lakhs Only) inclusive of Rs. 15,00,000/- (Rupees Fifteen Lakhs Only) already paid by the plaintiff company to the defendant company on 28th August, 2013. The loan amount was offered for a period of 2 years and interest to be calculated at the rate of 18% per annum. d. Plaintiff company subsequent to this oral agreement advanced a sum of Rs. 1,20,00,000 (Rupees One Crore Twenty Lakhs Only) to the defendant through Real Time Gross Transfer (RTGS) between 28th April, 2015 to 24th March, 2015 from an account maintained at ICICI Bank, Chowringhee Branch, Kolkata - 700016 to the defendant company. e. The defendant company after two years failed to pay the sum due to the plaintiff company and also the defendant company did not take any steps with respect to the agreement dated 28th August, 2013. Despite various attempts made by the plaintiff company through its advocate the defendant company failed to pay the sum due. Hence, the suit.
(3.) The Deputy Registrar on the request of the plaintiff certified that the defendant has not entered appearance either in person or through its advocate as on 16th January, 2019, in spite of substituted service by way of publication in the newspaper pursuant to the Order dated 13th December, 2018. Thus, following the order of this court dated 4th February, 2019, the matter was fixed for hearing as 'Undefended Suit'.;