VALMIKI J. MEHTA, J.

C.M. No.40462/2017 (exemption)

1. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

C.M. No.40463/2017 (for condonation of delay)

2. For the reasons stated in the application, delay of 65 days in re-filing the appeal is condoned.

C.M. stands disposed of.

RFA No.942/2017

3. This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the judgment of the Trial Court dated 23.3.2017 by which the trial court has decreed the suit of the respondent/plaintiff for a sum of Rs.9,33,833.84/- along with interest at 9% per annum. Respondent/defendant/asset reconstruction company was the assignee of the creditor and the appellant/defendant was the borrower who had failed to repay the loan amount.

4. The facts of the case are that the respondent/plaintiff pleaded that the appellant/defendant approached the erstwhile the Royal Bank of Scotland which was successor of ABN Amro Bank for grant of a personal loan and the appellant/defendant was granted personal loan on 18.7.2008 of an amount of Rs.7,98,589/- repayable in 60 monthly installments of Rs.20,492/-. It was pleaded that the appella