(1.) HEARD Mr. Nitin Sardessai, learned Counsel for the Appellant and Mr. A. F. Diniz, learned Counsel for the Respondent.
(2.) RULE . By consent of learned Counsel for the parties, heard forth with.
(3.) THE Plaintiff filed above suit against Defendant for recovery of an amount of Rs. 1,14,18,290/ - (Rupees one crore fourteen lakhs eighteen thousand two hundred and ninety only) alleging that Plaintiff had advanced Rs. 40,25,000/ - (Rupees forty lakhs twenty five thousand only) to the Defendant for purchasing a property in Mapusa and that the Defendant was liable to pay interest at the rate of 36% per annum on the said amount. Alongwith the suit the Plaintiff filed an application seeking interim relief under Order XXXVIII Rule 5 and 6 and Order XXXIX Rule 1 (b) of Code of Civil Procedure