2019 (1) TMI 1912

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....en on file. 3. In view of this the Plaintif is entitled to a decree against the Defendant. 4. The conspectus of the suit has been fully set out by AK Menon J in his order of 27th August 2018 in paragraphs 1 to 3. The defence was noted in paragraph 4. For completeness, I will reproduce all four paragraphs: "1. The claim in the suit is a sum of Rs. 1,21,71,243/- consisting of principal sum of Rs. 1,00,00,000/- and interest thereon @ 18% p.a. from 22nd March, 2017 till 30th June, 2018. The claim in the suit arises on account of two dishonoured cheques dated 14th May, 2018 each for a sum of Rs. 50,00,000/- . 2. It is the case of the plaintiff that at the request of the defendants, the plaintiff advanced a sum of Rs. 1,00....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... deposed with the authority of the board of directors of the respondent company has admitted receipt of the monies and the issuance of the cheques. But according to the deponent the cheques were undated and were to be deposited only after a period of 30 months from the dates on which the amounts of the two installments of Rs. 50,00,000/- each were remitted. In this background in paragraph 8 it is stated that the defendant company has "definite program to make the repayment of the amounts credited by the Plaintiff Company, on the maturity of the repayment 2 of 3 53SJ732018 term i.e. 30 months ". This period of 30 months is said to have been orally agreed between the defendant company and the plaintiff. There is no mention in the affidavit as....