Mukesh Saraogi (Huf) vs Mr. Sanjay Jhunjhunwala
2021 Latest Caselaw 78 Cal/2

ORDER SHEET
                                                                               OC-4

                             IA NO. GA/1/2020
                              IN CS/143/2020
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                          COMMERCIAL DIVISION


                             MUKESH SARAOGI (HUF)
                                    VERSUS
                           MR. SANJAY JHUNJHUNWALA



  BEFORE:
  The Hon'ble JUSTICE DEBANGSU BASAK

Date: 27th January, 2021.

(Via Video Conference)

Appearance:

Mr. D.N. Sharma, Adv.

Mr. Shailendra Jain, Adv.

Mrs. Swati Agarwal, Adv.

Mr. Ratnanko Banerjee, Sr., Adv.

The Court: The plaintiff seeks judgment on admission against the

defendant for a sum of Rs.60,80,000/- and other reliefs in this application.

Learned senior advocate appearing for the defendant submits that the

defendant admits that a sum of Rs.60,80,000/- is due and payable by the

defendant to the plaintiff. He submits that the defendant already paid a sum of

Rs.15 lakhs this morning. The balance will be paid by the defendant in three

monthly installments as may be directed by the Court.

Learned advocate appearing for the plaintiff submits that he is yet to

receive any instruction as to the payment of a sum of Rs.15 lakhs.

Since the defendant is admitting a sum of Rs.60,80,000/- to be payable to

the plaintiff, it would be appropriate to pass a decree on judgment upon

admission for a sum of Rs.60,80,000/- in favour of the plaintiff as against the

defendant in terms of prayer (a) of the application.

The defendant is at liberty to pay the sum of Rs.60,80,000/- in three

monthly installments commencing from March, 2021. The first of the

installments will be paid by the defendant within March 8, 2021 and the

subsequent installments within the 8th of each subsequent month. The plaintiff

will adjust the sum of Rs.15 lakhs if received by the plaintiff, as claimed by the

defendant to be paid by the plaintiff this morning, towards the first installment

under this order.

In the event of default of payment of the first or the second or the third or

any part or portion of the installments as directed the plaintiff is at liberty to

execute the decree.

The parties agreed that the decree for a sum of Rs.60,80,000/- as passed

herein will satisfy the claim of the plaintiff in its entirety. They also agree that, in

the event of default of payment of the installments as directed the decree will

carry interest at the rate of 10% from the date of default.

IA No.GA/1/2020 is disposed of. CS/143/2020 is decreed accordingly.

(DEBANGSU BASAK, J.)

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