JUDGMENT - GOKHALE H.L., J.:—This appeal seeks to challenge the order passed by a Single Judge dated 22nd April, 2002 granting the Summons for judgment taken out by the respondent herein (original plaintiff) against the appellant (original defendant) and thereby granting a decree in the Summary Suit.

2. The suit claim was with respect to the unpaid lease rentals in an Agreement of Lease Finance for Equipment, the payment of which rentals was guaranteed by the appellant. The outstanding principal amount due as on the date of filing of the suit was Rs. 43,05,960/- to which interest at the rate of 18% per annum for the unpaid period till filing of the suit (i.e. an amount of Rs. 5,49,983/-) was added leading to a claim of Rs. 48,55,943/- with further interest at the rate of 18% per annum on the principal amount from the date of filing of the suit till payment and/or realisation. The appeal was admitted on 5th July, 2002 and the impugned decree was directed to be stayed on the appellant depositing a sum of Rs. 20,00,000/- in this Court. The appellant preferred a Special Leave Petition against this conditional order, but the same was dismissed by the Apex Court by its order dated 13th De

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