Padma Logistics And Khanji Pvt. ... vs Ideal Unique Realtos Pvt. Ltd
2021 Latest Caselaw 1522 Cal/2

ODC-2

                                 ORDER SHEET
                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE
                             [Via Video Conference]


                               IA NO: GA/1/2021
                                 CS/221/2021


                  PADMA LOGISTICS AND KHANJI PVT. LTD.
                                Versus
                    IDEAL UNIQUE REALTOS PVT. LTD.



  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR
  Date : 6th December, 2021
                                                                           Appearance:
                                                               Mr. Paritosh Sinha, Adv.
                                                         Mr. Saubhik Chowdhury, Adv.
                                                             Mr. Dripto Majumdar, Adv.
                                                               Mr. Debottam Das, Adv.
                                                             Ms. Ayusmita Sinha, Adv.




      The Court:- The suit is for recovery of money. This is an application for

judgment upon admission in respect of a short-term loan for Rs.4 crores

advanced by the petitioner to the respondent. The parties had also entered into a

Memorandum of Understanding dated 13th June, 2016. Pursuant to the aforesaid

advance, the respondent had also furnished post-dated cheques. The said loan

was also secured by creation of a charge in respect of a flat being Unit No. 4A on

the 4th floor, measuring super built-up area of 4060 Sq. Ft. and nine covered car

parking spaces in the building named as Ideal Centre at 10, East Topsia Road,

Kolkata - 700046 ("the premises"). After making payment of some amounts on

account of interest, the respondent had admittedly failed, neglected and refused

to make payment of any further interest nor has the respondent paid any

amount on account of principal. The respondent had also furnished post-dated

cheques which has been dishonoured.

In view of the aforesaid, the petitioner has filed this suit praying, inter alia,

for a decree of approximately Rs.6.27 crores and filed this application for

judgment upon admission and also for an injunction in terms of prayer (b) of the

Notice of Motion.

In view of the admitted indisputable and incontrovertible fact that the

petitioner had advanced money to the respondent which the respondent has

failed, neglected and refused to repay, I am prima facie of the view that there is

no defence at all whatsoever to the claim of the petitioner. I am also prima facie

satisfied that the petitioner has a strong prima facie case on merits and the

balance of convenience is also in favour of orders being passed as prayed for by

the petitioner. Accordingly, there shall be an order in terms of prayer (b) of the

Notice of Motion.

The parties are directed to file their affidavits prior to the returnable date.

Let Affidavit-in-Opposition be filed by 10 th December, 2021. Affidavit-in-

Reply, if any, be filed by 15th December, 2021.

It is made clear that the aforesaid directions are peremptory in nature.

The respondent would also furnish details whether the premises is

encumbered or unencumbered.

Let this matter appear as a Specially Fixed Matter on 16 th December, 2021.

(RAVI KRISHAN KAPUR, J.)

TO