Bobcards Ltd. v. P.K.Chowhan
Case brief
What is this about?
The High Court of Bombay at Bombay disposed of a sum suit filed by Bobcards Limited against P.K. Chowhan for recovery of a credit card debt outstanding along with interest. The court passed a decree in favor of the plaintiff after noting substituted service, as the defendant did not appear.
What did the court decide?
Decree passed for recovery of Rs.1,00,014.46 along with interest at 12% per annum from the date of filing.
What the court decided
A compact analysis
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.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUM. SUIT NO. 600 OF 2003
BOBCARDS LIMITED .. Plaintiffs
vs.
P.K. CHOWHAN .. 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.1,00,014.46 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
Issues for consideration
3 issues framed by the court
Whether a decree for recovery of a credit card debt should be passed in the absence of the defendant after substituted service.
Whether the claimed amount with interest is recoverable.
Whether the suit is maintainable under the specific arrangement regarding credit card usage.
Coram
S.U. KAMDAR
Case details
As recorded by the court registry
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