Sulochana Khaitan vs Chandra Kanta Khemka
2023 Latest Caselaw 6931 Cal

October 10, 2023 Sl. No.36 Court No.19 s.biswas CO 3085 of 2023 Sulochana Khaitan vs.

Chandra Kanta Khemka

Ms. Sutapa Sanyal Mr. Debrup Bhattacharjee Mr. Pradeep Kr. Tulsyan ... for the petitioner

This revisional application arises out of an order

dated August 14, 2023, passed by the learned

Judge, 7th Bench, City civil Court at Calcutta in

Money Suit No.1833 of 2022. The petitioner prayed

for a judgment on admission, which was rejected by

the learned trial court.

The petitioner filed the suit for recovery of

money to the tune of Rs.5 lakhs and interest of

Rs.1,94,055/-, aggregating to Rs.6,94,055/-, with

further interest and cost etc. Schedule A of the plaint

deals with the break-up of the interest claimed till

the date of filing of the suit.

In the written statement, the defendant has

inter alia stated that one Mohan Lal Bhatia

representing himself as an agent of the plaintiff and

her husband, approached the defendant to provide

the defendant with some financial assistance. The

defendant was carrying on a proprietorship business

in the name and style of M/s. Mill Stores & Bearing

Co. The defendant was told that the plaintiff and her

husband were money lenders and in usual course of

business provided interest bearing loan to eligible

persons.

After a series of negotiations between the

husband of the plaintiff and the defendant, the

plaintiff provided a temporary loan of Rs.5 lakhs.

The rate of interest was negotiated between the

parties from 9% per annum to 7.5% per annum. It

was agreed between the parties that the loan amount

along with interest would be repaid by the defendant

by way of instalments of Rs.22,500/-, upon expiry of

every four months. The interest was to be calculated

at reducing balance method.

In terms of such verbal contract, a cheque of

Rs.5 lakhs was issued on May 19, 2016 in favour of

the defendant. While providing the loan, the

defendant's signature was taken on a few blank

pages and a stamp paper. The defendant depicted

the amount paid in paragraph 5f and g of the plaint.

According to the defendant, interest of Rs.1,10,871/-

had been paid. Some portions of the principal

amount had also been paid. The plaintiff had by

fraud and misrepresentation demanded the principal

amount over an above Rs.1,10,871/-. Disputes

arose and further payment was stopped by the

defendant. In paragraph 10 of the written statement,

the defendant denied that the plaintiff was entitled to

recover Rs.6,94,055/-.

Under such circumstances, this court finds that

there was no clear and unequivocal admission that a

sum of Rs.5 lakhs was due and payable to the

plaintiff. The defendant has raised objections as to

the method of calculation of the amount claimed by

the plaintiff, the modus of repayment and the claim

of the plaintiff for a portion of the principal amount

over and above the interest of Rs.1,10,871/-.

There is also an allegation that the plaintiff, by

taking advantage of the signed blank papers, had

enhanced the rate of interest.

Under such circumstances, the learned court

below has correctly held that the defendant did not

admit either the rate of interest or the total amount

payable. This is not a case for passing judgment on

admission. The defendant had stated that the loan

was repaid as per the schedule mentioned in

paragraph 5f of the written statement and the

closing principal amount was Rs.3,92,435/-.

Under such circumstances, the learned court

below has rightly exercised the discretion in not

allowing the application. The revisional application

is thus dismissed.

The learned court below shall decide and

dispose of the suit within a period of four months

from the next date fixed. This order shall not be

construed as an opinion of the court on the merits of

the claims and counter-claims of the parties. The

suit shall be decided independently and in

accordance with law.

All the parties are directed to act on the basis of

the server copy of the order.

Urgent Photostat certified copies of this order, if

applied for, be made available to the parties upon

compliance with the requisite formalities.

(Shampa Sarkar, J.)