Farinni Leather Private Limited vs Shree Rsh Projects Private ...
2023 Latest Caselaw 883 Cal/2

ORDER SHEET
                                                                                OD-34
                            IA No. GA 1 of 2023
                                     In
                              CS No. 8 of 2023
                     IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISIDICTION

                    FARINNI LEATHER PRIVATE LIMITED
                                VERSUS
                  SHREE RSH PROJECTS PRIVATE LIMITED

 BEFORE:
 The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 5th April, 2023.

Appearance:

Mr. Chayan Gupta, Adv.

Mr. Shayak Mitra, Adv.

Mr. Pourush Bandopadhyay, Adv.

Mr. Abhijit Sarkar, Adv.

For the plaintiff.

Mr. Rajarshi Dutta, Adv.

Ms. Sananda Ganguli, Adv.

Mr. Sarbajit Mukherjee, Adv.

Mr. Shubradip Roy, Adv.

For the defendant.

The Court :- Affidavit in opposition filed in Court today is taken on

record.

This is an application by the plaintiff, inter alia, for judgment upon

admission. The plaintiff says that a sum of Rs. 25 lakhs was given as

temporary accommodation loan. The payment was through National

Electronic Fund Transfer (in short NEFT) and as such receipt thereof cannot

be denied by the defendant. The defendant has paid interest after deducting

tax at source (TDS) which is evident from the Form-26AS filed under the

provisions of Income Tax Act, 1961. The plaintiff also says that there are

balance confirmation duly signed and sealed by the defendant as also a

cheque for Rs. 25 lakhs issued by the defendant which was, however, not

presented at the request of the defendant. The defendant on the other hand

disputes the signature on the balance confirmation, but is not in a position

to dispute the receipt of the money, payment of interest and the issuance of

cheque. The defendant, however, denies the quantum of interest as claimed

by the plaintiff.

After hearing the parties, let this matter appear on 12th April, 2023

for further consideration.

(ARINDAM MUKHERJEE, J.)

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