Order granting unconditional leave to defend for defaulting plaintiff failing to produce documents supporting credit card dues claim, transferring suit to commercial causes list.
Unconditional leave to defend granted; suit transferred to commercial causes list; defendant to file written statement within one month.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMONS FOR JUDGMENT NO.333 OF 2004
IN
SUMMARY SUIT NO.631 OF 2004
Bobcards Limited .. Plaintiff
versus
Rakesh K.Parekh .. Defendant
Mr.I.Punjwani for Plaintiff.
Mr.Deepali Bosamia i/b R.P.Desai for Defendant.
CORAM : D.G. KARNIK, J
DATED : 15th March 2005.
P.C:-
1. Heard learned counsel for the parties. The
plaintiff has filed this suit for recovery of the
credit card dues. The defendant has disputed certain
transactions and in particular purchase of air tickets
of Jet Airways. The defendant by filing an affidavit
in reply has stated that he had not purchased any jet
airways tickets on the said credit card. Learned
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counsel for the plaintiff is unable to produce any
document to show that the air tickets were purchased
by the defendant using the credit card facility. In
the circumstances, the defence of the defendant cannot
be said to be a defence without substance. The
defendant is granted unconditional leave to defend the
suit. The suit shall stand transferred to the list of
commercial causes. The defendant to file the written
statement within a period of one month.
D.G.KARNIK, J
1 issue framed by the court
Whether the defendant's denial due to lack of documentary proof by the plaintiff warrants unconditional leave to defend.
D.G. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court