Citation : 2021 Latest Caselaw 1558 Cal/2
Judgement Date : 9 December, 2021
OD-2
ORDER SHEET
CS/233/2021
IA NO: GA/1/2021
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
RAVI SANEI
Versus
EKTA AGARWAL AND ORS.
BEFORE:
The Hon'ble JUSTICE SHEKHAR B. SARAF
Date : 9th December, 2021
(Via Video Conference)
Appearance:
Mr. Satadeep Bhattacharyya, Adv.
Re. CS/233/2021 :-
The Court: Plaint presented is admitted subject to scrutiny by the
department.
Re. GA/1/2021 :-
This is an application for judgment and decree on admission for a sum of
Rs.28,24,452/-.
Counsel on behalf of the petitioner plaintiff submits that a sum of money
was provided as loan to the defendants. He relies on a letter dated August 2,
2018 that indicates confirmation of the sum of Rs.20 lakhs that had been
taken as loan by the defendants. He further relies on a letter dated December
1, 2018 confirming the said loan and by which the defendants had issued two
cheques in favour of the plaintiff. Upon deposit of the said cheques, the same
bounced and criminal proceeding under Section 138 of the Negotiable
Instruments Act has been filed by the plaintiff.
Inspite of service none has appeared on behalf of the defendants.
Accordingly, let there be orders in terms of prayer (d) of the Notice of
Motion.
Plaintiff petitioner to comply with the provisions of the Code of Civil
Procedure, 1908.
Matter is made returnable two weeks hence.
The interim order passed above shall continue till January 31, 2022.
(SHEKHAR B. SARAF, J.)
R.Bhar
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