JUDGMENT :

The petitioner herein is challenging the order dated 24 August 2022, passed by the Judge, City Civil Court at Bombay in Summons for Judgment No.38 of 2017, filed by the Respondent (Original Plaintiff). The Petitioner herein is the Defendant in the suit, who has been granted conditional leave to defend the suit on depositing entire principal amount of Rs.32,47,333/- (Rs. Thirty Two Lakhs Forty Seven Thousand Three Hundred and Thirty Three only), within six weeks from the date of order.

2. The brief facts of the present case can be summarised as under :

(i) The petitioner herein is referred as “defendant” and respondent as “plaintiff” as per their origin all status for the sake of convenience and better understanding of the facts of the case. The original plaintiff is engaged in banking business in India. The Plaintiff carries on the business pursuant to the authorization given by the Reserve Bank of India (RBI) under the Payment and Settlement Systems Act, 2007, as a “Payment System Provider”. The Plaintiff enters into an arrangement with the Merchants in India. While entering into such arrangement with the Merchant, a Card Acceptance Agreement with certain terms and conditi