In a summary suit for recovery of credit card dues, where the defendant failed to file an affidavit in reply after service, the court passed a decree in favor of the plaintiff for the claimed amount with interest.
decree for Rs. 1,19,148.23/- plus interest at 12% p.a. simple on Rs. 92,644.00/-
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
SUMMARY SUIT NO.547 OF 2004
Bank of India ....Plffs.
vs.
Singh Rampal Basant .....Defnds.
O.A. Das for the plaintiffs.
CORAM: S.U. KAMDAR, J.
DATE : 22ND AUGUST 2005.
P.C. :
1. The summons for judgment has been duly
served on the defendant. No affidavit in replay
has been filed. The summons for judgment is
filed on the basis of the claim arising out of
credit card issued by the plaintiffs pursuant to
an application made by the defendant. The
credit card bearing no. 5411 7540 7560 8004
has been used by the defendants including
withdrawal of the cash. In the aforesaid
circumstances, the present suit has been filed
for recovery of sum of Rs. 1,19,148.23/- with
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further interest on 92,644.00/- at the rate of
12% p.a. simple rate of interest. Plaintiff
tenders a compilation of original documents
which is taken on record and marked Ex.P.1
colly. In view of the fact that no affidavit in
reply is filed, though the summons for judgment
is served on the defendant, I pass the following
decree.
There shall be a decree in favour of
the plaintiff and against the
defendant in the sum of
Rs.1,19,148.23/- alongwith interest on
the principal amount of Rs.92,644.00/-
at the rate of 12% p.a. at simple
rate of interest. Refund of court
fees as per rules.
2. Suit as well as summons for judgment
disposed off accordingly.
sd/-
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*******
S.U. KAMDAR
As recorded by the court registry
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