OD –7, 8 & 12 ORDER SHEET IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE IA NO. GA/3/2025 In CS/150/2020 KRISHNA KUMAR BHATTER Vs SUDHA KANKARIA IA NO. GA/1/2021 In CS/150/2020 KRISHNA KUMAR BHATTER Vs SUDHA KANKARIA IA NO. GA/5/2025 In CS/150/2020 KRISHNA KUMAR BHATTER Vs SUDHA KANKARIA BEFORE: THE HON’BLE JUSTICE SUGATO MAJUMDAR Date: 8th June, 2026 Appearance: Mr. Chayan Gupta, Adv. Mr. Samriddha Sen, Adv. Mr. Kaushik De, Adv. Mr. Raghav Munshi, Adv. Ms. Mohini Majumdar, Adv. Ms. Ayelita Ghosh, Adv. …for the Plaintiff Mr. Subroto Goswami, Adv. Mr. Debrup Bhattacharya, Adv. Mr. Siddharth Singh, Adv. …for the Defendant 2 The Court: GA 1 of 2021 is an application filed by the Plaintiff, praying for attachment of the bank account of the Defendant along with other prayers. The sum and substance of the application is that husband of the Defendant borrowed certain amount of money from the Plaintiff to be payable with interest at a rate of 15 per cent per annum at 4 monthly rests. The initial loan amount was Rs.50,00,000/- and that was advanced on 17th June, 2008. On request, a further sum of Rs.20,00,000/- as well as Rs.10,00,000/- had been advanced on 7th July, 2008 and 2nd September, 2009 respectively. The original borrower expired in the year 2013 whereby liability of repayment devolved upon the Defendant. The principal outstanding amount was Rs.80,00,000/- with interest. The Defendant, on death of the husband, agreed to repay the outstanding amount. An arrangement was made which was to be continued till the month of November, 2017 but the Defendant neglected to make payment of interest from the month of December 2017 onwards. According to the Plaintiff, the outstanding amount as on 31st March, 2010 was Rs.1,07,97,808/-. In this context, the Plaintiff filed this application, praying for attachment of the bank accounts to secure repayment. Parties exchanged their affidavits. It was admitted in the affidavit-in-opposition that the deceased husband of the Defendant took loan of Rs.80,00,000/- in three phases in between 17th June, 2008 to 2nd September, 2009. After death of the husband, the Defendant used to pay interest at the agreed rate till the month of November, 2017. Apart from challenging the demand of repayment on the ground of limitation and operating bar provided by the Bengal Money Lenders Act, 1940, the Defendant pleaded that there was a meeting between the parties wherein the Plaintiffs showed interest for purchase of an antique painting which is costly and valuable. It was agreed that the Plaintiff should 3 purchase the painting at Rs.1,50,00,00,000/- and the outstanding amount of Rs.83,97,808/- being the principal amount with interest up to 31st March, 2018, should be adjusted against the price of painting. The balance shall be paid by the Plaintiff to the Defendant. GA 3 of 2025 is an application filed by the Plaintiff, praying for judgment and decree on admission for a sum of Rs.83,97,808/- with interest at a rate of 15 per cent on and from 1st April, 2018, in view of the fact that the Defendant admitted the claim of the plaintiff in their written statement. The Parties exchanged their affidavit-in-opposition and there is no denial of the outstanding amount by the Defendant although the Defendant opposed the application on some other grounds. In affidavit-in-opposition, it was reiterated like GA 1 of 2021 that the husband of the Defendant borrowed an amount of Rs.80,00,000/- in three phases and the Defendant used to pay interest on death of the husband till November 2017. Here also the Defendant took plea that an antique painting was agreed to be sold to the Plaintiff for Rs.1,50,00,000/- and the outstanding amount should be adjusted as advance payment for such purchase. The plaintiff should pay the balance amount of the sale price to the Defendant. The third application taken up hearing was GA 5 of 2025 filed by the Plaintiff, praying for appointment of Receiver for taking actual physical possession of the antique framed canvass painting along with other prayers. The parties exchanged their affidavit herein also. GA 3 of 2025 is an application wherein more fundamental question of final disposal of the suit is concerned. Therefore, this application should be considered first. 4 The suit is for decree for recovery of a sum of Rs.80,00,000/- being the principal and a further sum of Rs.27,97,808/- being the interest to the principal amount calculated till 31/03/2020. The Defendant filed written statement wherein the Defendant admitted in very specific and clear language that a sum of Rs.80,00,000/- had been lent by the Plaintiff to the deceased husband of the Defendant in three phases commencing from 17th June, 2008 to 2nd September, 2009. It was also admitted in the written statement that the Defendant paid interest up to November, 2017. It was also admitted that the Defendant is not in a position to refund the entire sum of Rs.83,97,808/- but took the plea that the outstanding amount would be treated as an advance amount to be adjusted against price of paintings being Rs.1,50,00,000/-. The Learned Counsel for the Plaintiff submitted that there was no such agreement for sale of the painting though the Learned Counsel for the Defendant pressed that demand at the time of hearing. There was no ambiguity in the admission of the Defendant contained in the written statement that a sum of Rs.83,97,808/- is outstanding and payable by the Defendant. It was also admitted that the Defendant paid interest till the month of November, 2017 and money became due and payable from the month of December, 2017 and the suit was filed on 3rd December, 2020. The disputed question of the proposed agreement for sale of the painting need not be gone into. The suit can be proceed on the basis of admitted claim of the Plaintiff, as submitted by Mr. Gupta, the Learned Counsel for the Plaintiff. The rate of interest is also admitted by the Defendant. In view of clear admission made by the Defendant in the written statement this Court is satisfied that this is a case which squarely falls within ambit of Order XII 5 Rule 6 of the Code of Civil Procedure, 1908 and is qualified for judgment on admission. Accordingly, let there be a decree for a sum of Rs.83,97,808/- which shall bear interest at a rate of 15 per cent per annum as agreed from 01/12/2017 till repayment. The Defendant shall pay the outstanding amount within sixty days from the date of drawing up of a decree, in case of failure of which the Plaintiff shall be at liberty to draw up execution proceeding. In view of observation made above and in view of final disposal of the suit the other pending applications become infructuous and stands disposed of along with the suit itself. Let the decree be drawn up. (SUGATO MAJUMDAR, J.) A.Das (P.A)