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N. J. JAMADAR
Pavan Kumar Nath – Appellant
Versus
Yashita Mukhi – Respondent


Advocates Appeared:
Mr. M. M. Vashi, Senior Advocate, a/w Mr. Siddiquie, i/b A.A. Siddiquie & ASSO., for the Appellant; Mr. Mayur Khandeparkar, i/b Mr. Mehul A. Shah, for the Respondent.

ORDER

1. This application is preferred by the applicant - original defendant to condone the delay of 1916 days in preferring the appeal against the judgment and decree dated 21st December, 2015, in Summary Suit No.3189 of 2012 (High Court Suit No.1012/2012), passed by the learned Judge, City Civil Court, Bombay, whereby the suit instituted by the respondent - original plaintiff came to be decreed and the applicant was ordered to pay the sum of Rs.83,60,925/- along with further interest on the principal amount of Rs.40,00,000/- at the rate of 9% p.a. from the date of the institution of the suit till realization.

2. Though the core controversy was in the nature of a money claim based on the negotiable instrument and written contract to pay the debt, the litigation has a chequered history.

3. The facts, necessary for the determination of this application, can be stated in brief as under:

    (a) The plaintiff claims that her mother and defendant were family friends. The plaintiff had advanced a loan of Rs.40,00,000/- on 19th November, 2008, at Mumbai, to the defendant. The latter had agreed to pay interest on the said loan amount at the rate of 2.1% per month, compounded monthly. The defend

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