Calcutta High Court

Dewesh Auto Creative Services Private ... vs Uttam Chatterjee on 12 September, 2025

                    IN THE HIGH COURT AT CALCUTTA
                               ORIGINAL SIDE
                          COMMERCIAL DIVISION


Present:

The Hon'ble Justice Krishna Rao



                         C.S. (Com) No. 369 of 2024

                           (Old No. CS 77 of 2022)



              Dewesh Auto Creative Services Private Limited

                                    Versus

                              Uttam Chatterjee



            Mr. Rachit Lakhmani
            Mr. Ovik Sengupta
            Mr. Anil Choudhury
                                                   ... For the plaintiff.

Hearing Concluded On : 18.08.2025

Judgment on             : 12.09.2025

Krishna Rao, J.:

1. The present suit is filed by the plaintiff praying for a decree for a sum of

Rs.2,28,36,597.98 along with interest at the rate of 30% per annum

and interest pendente lite.

2. The plaintiff is a company incorporated under the Companies Act,

1956, and is engaged in various kinds of businesses.

3. The defendant carries on business under the name and style of "U.K.

Traders", as its sole proprietor and is engaged in the business of

investing money in several incomplete real estate projects and lends

money from people for such purposes.

4. In or around the year 2016, the defendant had visited the office of the

plaintiff and approached the plaintiff to visit the office of the defendant

to have a discussion regarding investment opportunities.

5. In the month of July, 2016, the plaintiff had visited the office of the

defendant, wherein the defendant showed the plaintiff, the incomplete

real estate projects where the defendant has been investing money and

also told the plaintiff that considering the market conditions, investing

in such incomplete real estate projects ensure double or more returns.

The defendant also proposed to the plaintiff that if the plaintiff invests

some money with the defendant, the defendant would assure that the

plaintiff at least gets 30% per annum return on such money being

invested.

6. The plaintiff states that lured by such offer of the defendant, the

plaintiff agreed to pay the defendant a sum of Rs.1,24,03,325/- and

had paid such sum by way of RTGS transfer or cheques from time to

time from 11th July, 2016 till 4th February, 2019 which the defendant

was supposed to pay back by 30th November, 2019 along with interest

at the rate of 30% per annum.

7. The defendant had used the money given by the plaintiff to purchase or

create right, title and interest in various immovable properties by

executing registered conveyance deeds or agreements for sale.

8. The plaintiff submits that after availing money from the plaintiff, the

defendant enjoyed and used the said money to acquire properties and

having also benefited therefrom.

9. The defendant out of the total amount of Rs. 1,24,03,325/-, had

returned an amount of Rs.71,40,600/- on 7th January, 2019, leaving

the balance sum of Rs.52,62,725/- due and payable by the defendant

to the plaintiff and the interest accrued thereon.

10. On 31st December, 2019, a partnership company being Dewesh Motors,

in which the plaintiff is a partner, had lodged a formal complaint before

the Behala Police Station regarding loss of several Cheque Books of

Dewesh Motors. On 2nd March, 2020, the plaintiff received a notice

from the defendant claiming that one cheque being numbered 466927

amounting to Rs.49,60,000/- has been dishonoured, which has already

been reported lost to the New Alipore Police Station by the letter of

complaint dated 31st December, 2019.

11. The plaintiff by a notice dated 20th December, 2021, had called upon

the defendant to pay its outstanding dues to the tune of

Rs.2,28,36,597.98, which was duly received by the defendant on 27th

December, 2021.

12. The defendant in response to the notice dated 20th December, 2021,

had sent a letter through its Advocate on 21st January, 2022 denying

the claim of the plaintiff and has made a false story stating that the

defendant had supplied shellac to the plaintiff for which the defendant

is entitled to a certain amount from the plaintiff. The plaintiff says that

shellac is natural resin which is used as a brush-on colorant, food glaze

and wood finish and the plaintiff has no use for the same and the

plaintiff had never received any goods from the defendant.

13. The plaintiff came to know from reliable sources that the defendant is

cancelling the agreement for sale in respect of the properties in which

the defendant had invested the money of the plaintiff and is taking

back the earnest money in respect of such properties, without

informing the plaintiff. After being searched by the plaintiff, the plaintiff

came to know that in respect of seven of the properties in which the

defendant had invested the money of the plaintiff, the defendant had

cancelled such agreement for sale and such properties have already

been sold in favour of other parties and the defendant has neither

informed the plaintiff nor has paid any amount to the plaintiff out of

such sale.

14. The conduct of the defendant clearly shows that the defendant is

siphoning off money from the investments made by the plaintiff and

given such facts and circumstances, the plaintiff had lodged a criminal

complaint before the Officer-in-charge, Behala Police Station.

15. The plaintiff in order to prove its case has examined one witness,

namely, Mr. Anil Agarwal, who is one of the Directors of the plaintiff

company. During his evidence, the plaintiff has produced eight (8)

documents which were marked as "Exhibit - A to Exhibit - F" and

"Exhibit - X and Exhibit - X1" which are as follows:

Exhibit - A (collectively): Copies of bank statements downloaded from the official website of United Bank of India, which shows payments made by the plaintiff to the defendant.

Exhibit - B: Copy of the General Diary lodged by the plaintiff at Behala Police Station, dated 31st December, 2019, reporting the cheques lost from the plaintiff's office.

Exhibit - C (collectively): Copy of the notice dated 20th December, 2021, issued by the plaintiff to Uttam Chatterjee requesting payment of money due along with its postal receipts.

Exhibit - D: Original copy of the letter dated 21st January, 2022, sent by the Advocate of Uttam Chatterjee, in reply to the plaintiff's letter dated 20th December, 2021.

Exhibit - E: Copy of the ledger account of the plaintiff company showing payments made by the plaintiff to the defendant.

Exhibit - F: Affidavit of the plaintiff for electronic evidence under section 63 of Bharatiya Sakshya Adhiniyam, 2023, corresponding to Section 65B of Evidence Act, 1872, prepared by the Advocate of the plaintiff.

Exhibit - X (for identification): Copies of the agreements for sale entered by Uttam Chatterjee with various sellers, downloaded from the official

website of Directorate of Registration Revenue, Government of West Bengal.

Exhibit - X1 (for identification): Copies of two agreements for cancellation of agreement for sale dated 16th August, 2021, downloaded by the plaintiff from its Official Website of Directorate of Registration Revenue, Government of West Bengal.

16. To prove that the plaintiff has paid an amount of Rs. 1,24,03,325/- to

the defendant, the plaintiff has exhibited documents being Exhibit "A"

(Collectively) which established that from 11th July, 2016 till 4th

February, 2019, the plaintiff has transferred amounts in the account of

the defendant from time to time.

17. The plaintiff in the plaint as well as in the affidavit of evidence admitted

that out of the total amount of Rs. 1,24,03,325/-, the defendant has

paid Rs. 71,40,600/- leaving the balance amount of Rs. 52,62,725/-

along with interest at the rate of 30% per annum.

18. As the defendant failed to pay the balance amount of Rs. 52,62,725/-

along with interest at the rate of 30% per annum, the plaintiff had sent

a notice to the defendant by postal services on 20th December, 2021

which were duly received by the defendant. The plaintiff has proved the

said notice being Exhibit "C" (Collectively). On receipt of the notice of

the plaintiff, the defendant had sent a reply dated 21st January, 2022

by denying the claim of the plaintiff, the reply of the defendant is

marked as Exhibit "D".

19. The plaintiff to prove that the plaintiff has made payment to the

defendant and the defendant has only returned an amount of Rs.

71,40,600/- and the defendant has not paid any interest, the plaintiff

has exhibited the ledger account of the plaintiff and the same is marked

as Exhibit "E". From the ledger account, it is proved that the plaintiff

has paid the total amount of Rs. 1,24,03,325/- out of which the

defendant has only paid an amount of Rs. 71,40,600/- and has not

paid the balance amount of Rs.52,62,725/- and interest accrued

therein.

20. This Court considered the case made out by the plaintiff in the plaint,

affidavit of evidence of the plaintiff's witness and the documents which

were marked as exhibits during the evidence of the plaintiff's witness.

This Court finds that the plaintiff has paid total amount of Rs.

1,24,03,325/- in between 11th July, 2016 to 4th February, 2019 out of

which the defendant has only returned an amount of Rs. 71,40,600/-

leaving the balance amount of Rs. 52,62,725/-. This Court also finds

that the defendant has not paid any interest to the amount received

from the plaintiff.

21. Though the plaintiff has claimed interest at the rate of 30% per annum

but this Court did not find any evidence that there is any agreement

between the parties for payment of interest at the rate of 30% per

annum. As no interest is agreed between the parties but the defendant

has invested the amount paid by the plaintiff for the purpose of its

business thus the plaintiff is entitled to get interest at the rate of 15%

per annum.

22. After filing of suit, the plaintiff has taken appropriate steps for service of

summons upon the defendant through the Sheriff of this Court as well

as through postal services but writ of summons could not be served

upon the defendant with the reasons that the defendant was not found

at the address and "left without information". As per leave granted by

this Court, the plaintiff has published the notice of the suit for the

information of the defendant but inspite of publication of notice, the

defendant failed to appear in the suit and accordingly, the suit is placed

in the list of "Undefended Suit".

23. Considering the above, this Court finds that the plaintiff is entitled to

get principal amount of Rs. 52,62,725/- along with interest at the rate

of 15% per annum from 8th January, 2019 till the realization of the total

amount. The plaintiff is also entitled to get interest at the rate of 15%

per annum in the following manner:

(i) 15% per annum on Rs. 1,34,000/- from 11th July, 2016 till 7th

January, 2019,

(ii) 15% per annum on Rs. 1,26,200/- from 26th July, 2016 till 7th

January, 2019,

(iii) 15% per annum on 1,40,000/- from 6th August, 2016 till 7th

January, 2019,

(iv) 15% per annum on Rs. 1,54,400/- from 16th August, 2016 till

7th January, 2019,

(v) 15% per annum on Rs. 1,31,200/- from 25th August, 2016 till

7th January, 2019,

(vi) 15% per annum on Rs. 1,34,000/- from 3rd September, 2016 till

7th January, 2019,

(vii) 15% per annum on Rs. 3,49,700/- from 20th September, 2016

till 7th January, 2019,

(viii) 15% per annum on Rs. 1,28,350/- from 26th September, 2016

till 7th January, 2019,

(ix) 15% per annum on Rs. 1,47,000/- from 4th October, 2016 till 7th

January, 2019,

(x) 15% per annum on Rs. 3,60,900/- from 18th October, 2016 till

7th January, 2019,

(xi) 15% per annum on Rs. 1,33,450/- from 26th October, 2016 till

7th January, 2019,

(xii) 15% per annum on Rs. 4,14,600/- from 7th November, 2016 till

7th January, 2019,

(xiii) 15% per annum on Rs. 3,73,200/- from 18th November, 2016 till

7th January, 2019,

(xiv) 15% per annum on Rs. 1,55,000/- from 5th January, 2017 till

7th January, 2019,

(xv) 15% per annum on Rs. 2,48,300/- from 9th January, 2017 till

7th January, 2019,

(xvi) 15% per annum on Rs. 1,59,600/- from 6th February, 2017 till

7th January, 2019,

(xvii) 15% per annum on Rs. 1,80,800/- from 20th February, 2017 till

7th January, 2019,

(xviii) 15% per annum on Rs. 1,35,800/- from 27th February,

2017 till 7th January, 2019,

(xix) 15% per annum on Rs. 1,64,200/- from 3rd March, 2017 till 7th

January, 2019,

(xx) 15% per annum on Rs. 2,81,000/- from 9th March, 2017 till 7th

January, 2019,

(xxi) 15% per annum on Rs. 1,43,000/- from 28th March, 2017 till 7th

January, 2019,

(xxii) 15% per annum on Rs. 3,91,800/- from 11th April, 2017 till 7th

January, 2019,

(xxiii) interest @ 15% per annum on Rs. 1,66,800/- from 11th

April, 2017 till 7th January, 2019,

(xxiv) 15% per annum on Rs. 2,74,000/- from 18th April, 2017

till 7th January, 2019,

(xxv) 15% per annum on Rs. 3,17,900/- from 3rd May, 2017 till 7th

January, 2019,

(xxvi) 15% per annum on Rs. 10,00,000/- from 4th May, 2017

till 7th January, 2019,

(xxvii) 15% per annum on Rs. 5,25,925/- from 26th May, 2017

till 7th January, 2019,

(xxviii) 15% per annum on Rs. 4,32,200/- from 12th July, 2017

till 7th January, 2019,

(xxix) 15% per annum on Rs. 4,00,000/- from 5th March, 2018

till 7th January, 2019,

(xxx) 15% per annum on Rs. 6,00,000/- from 16th March, 2018 till 7th

January, 2019,

(xxxi) 15% per annum on Rs. 5,00,000/- from 17th March, 2018

till 7th January, 2019,

(xxxii) 15% per annum on Rs. 4,50,000/- from 19th March, 2018

till 7th January, 2019,

(xxxiii) 15% per annum on Rs. 5,00,000/- from 22nd March, 2018

till 7th January, 2019,

(xxxiv) 15% per annum on Rs. 4,00,000/- from 3rd December,

2018 till 7th January, 2019,

(xxxv) 15% per annum on Rs. 6,00,000/- from 7th December,

2018 till 7th January, 2019,

(xxxvi) 15% per annum on Rs. 6,50,000/- from 17th December,

2018 till 7th January, 2019,

(xxxvii) 15% per annum on Rs. 5,00,000/- from 10th January,

2019 till realisation,

(xxxviii) 15% per annum on Rs. 5,00,000/- from 4th February,

2019 till realisation.