Bank of India v. Rpadeep Kumar Singh
Case brief
What is this about?
Suit for recovery of credit card dues. Defendant did not file Written Statement despite service. Court decreed suit on uncontroverted plaint facts but modified interest rate to 9% p.a. from suit date.
What did the court decide?
Suit decreed in view of failure to controvert plaint. Interest modified to 9% p.a. from date of institution of suit.
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 O. O. C. J.
SUIT NO.2285 OF 1998
Bank of India. ...Plaintiff.
Versus Pradeep Kumar Singh. ...Defendant.
Mr.Biju N. Jacob i/b. O.A. Das for the Plaintiff. None for the Defendant.
CORAM : DR. D.Y. CHANDRACHUD, J.
September 18, 2009.
P.C.:
This is a Bank suit for the recovery of dues on account of a Credit Card facility extended to the Defendant. The Defendant was, on his application, granted a credit card by the Plaintiff. The Defendant utilized the credit card but failed to pay the outstandings which as on 1st March 1998 were Rs.64,392.22. An Advocate's notice was addressed on 7th March 1998. The suit has been instituted for recovery in view of the default of the Defendant.
The Defendant has been served with the writ of summons,
Issues for consideration
2 issues framed by the court
Whether the suit for recovery of credit card dues is maintainable in the absence of a Written Statement.
Whether the Plaintiff is entitled to interest at 9% p.a. from the date of institution of the suit.
Coram
DR. D.Y. CHANDRACHUD
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court