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2025 Supreme(Gau) 361

THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
BUDI HABUNG
D. K. Thongdok S/o Lt. Wangdi Thongdok – Appellant
Versus
Tony Pertin S/o Lt. Gora Pertin – Respondent


Advocates Appeared:
For the Petitioner: Vijay Jamoh, S Tsering,Kaling Mibang,B Padung,Bakar Dulom
For the Respondent: H K Jamoh, Mingkong Pertin,T Mize,Rinchin Ledo Thungon

JUDGMENT :

BUDI HABUNG, J.

Heard Mr. Vijay Jamoh, learned counsel for the appellant. I have also heard Mr. R. L. Thungon, learned counsel for the respondent.

2. This appeal has been preferred under Section 96 read with Order XLI of the Code of Civil Procedure, 1908 and section 15 (2) of the Arunachal Pradesh Civil Courts Acts, 2021, against the Judgment and Decree dated 03.03.2023, passed by the Civil Judge (Senior Division), Capital Complex, Yupia, in Money Suit No. 84 of 2022. The learned court has imposed a cost of Rs 10,000/- (Rupees ten thousand) and directed the payment of Rs 61,00,000/-(Rupees Sixty one lakhs) only, with interest at 3.5% per month on the principal sum from January 2019 until date of filing of the suit, and interest at 6% per annum on the principal sum adjudged from the date of the suit to the date of decree, with future interest at the rate of 6% per annum from the date of decree to the date of the payment.

3. The brief fact of the case is that on 10.12.2019, the appellant executed a Promissory Note stating that he had borrowed an amount of Rs. 1,70,00,000/- (One Crore Seventy Lakhs) from th


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