PAVAN KUMAR NATH Vs. YASHITA MUKHI

JUDGEMENT

(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 21 st 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.83,60,925.00 along with further interest on the principal amount of Rs.40,00,000.00 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: