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2017 (11) TMI 1487 - HC - Indian LawsRecovery along with pendente lite and future interest @ 24% per annum - Held that:- This Court is of the view that the outstanding amount of ₹ 89,84,570/- payable by the defendant is clearly reflected in the ledger account maintained by the plaintiff. Further, the act of the defendant in issuing cheque dated 1st February, 2014 for a sum of ₹ 25,00,000/- in part payment of the aforesaid outstanding amount and the same being dishonoured vide return memo dated 26th April, 2014 with remarks “Funds Insufficient” are clearly indicative of the defendant’s malafide intent of attempting to evade the payments due and payable to the plaintiff-company. Also, despite issuance of a legal notice dated 9th May, 2014 by the plaintiff calling upon the defendant to clear the outstanding dues, the defendant has neither replied to the same nor cleared the outstanding dues till date. As the averments in the plaint have not been rebutted by the defendant in spite of ample opportunities given by this Court, they are deemed to have been admitted. Consequently, the present suit is decreed for ₹ 1,11,04,928/- in favour of the plaintiff company and against the defendant along with pendent lite and future interest @ 8% per annum on the outstanding amount along with costs incurred by the plaintiff.
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