This court decided the present suit filed for recovery of an outstanding credit card bill. The defendant failed to appear in court. The court passed a decree in favour of the plaintiff.
Decree for recovery of Rs. 9,558.41 and interest at 12% per annum.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUM. SUIT NO. 295 OF 2003
BOBCARDS LIMITED .. Plaintiffs
vs.
SUBHASH R. THAKUR .. Defendant.
Mr. Iqbal Panjwani for plaintiff.
CORAM : S.U. KAMDAR, J.
DATE : 16th August, 2005.
P.C.
. The present suit is filed for recovery of a
sum of Rs. 9,558.41 along with interest thereon at
the rate of 3% per month from the date of the filing
of the suit till payment and/or realisation. The
present suit has been filed under the arrangement
arrived at by and between the plaintiff and the
defendant for use of credit card. The defendant had
used the said credit card which was issued to the
defendant being credit card no. 4423 7800 0442 0004
pursuant to an application dated 02.06.1999. It is
the case of the plaintiff that under the said credit
card large amount is outstanding and the same has
not been paid. The defendant was attempted to be
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served but the service could not be effected. In
view thereof, an order of substituted service was
passed. Pursuant to the said order, the defendant
is served by way of substituted service and
publication and the affidavit of service dated
13.7.2005 is taken on record. The plaintiff has
also field the list of documents which is also taken
on record. In spite of service none appears for the
defendant.
2. In view thereof, there shall be a decree in
favour of the plaintiff and against the defendant
for the sum of Rs. 9,558.41 with further interest
from the date of the suit till payment and/or
realisation at the simple rate of 12% per annum.
3. Refund as per rules.
S.U. KAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court