BANK OF INDIA Vs. GAJANAN CHIVATA

JUDGEMENT

(1.) The suit is based on use of credit card by the defendant. On summons for judgment being taken out, defendants had filed their reply wherein various contentions have been raised. In the first instance, suit as summary suit for the use of credit card is maintainable as held by this Court in the case of Central Bank of India v. V.V. Kini, AIR 1999 Bombay 409. Even otherwise, it is a term of the contract between the parties that for the use of the card if there are certain amounts wrongly debited against his account, then he has to raise and point out the same to the Plaintiff. There is nothing on record that the defendant has so done. Service charges claimed are in terms of the contract. There are really no substantial defences. It is the case of the defendant also that claim is barred by limitation. The suit is filed on 18.3.2000. The card was usable as and upto 10.4.1997. The suit is filed on 7.4.2000. Therefore, prima facie within limitation. Considering the above, the following order:

(2.) In the event the Defendants deposit the aforesaid amount, the suit to be transferred to the list of Commercial Causes. The defendants to file the written statement within eight weeks thereafter. Discovery and inspection within four weeks thereafter.

(3.) In the event, the Defendants fail to deposit the aforesaid amount, liberty to the Plaintiffs to apply for further orders. Summons for judgment disposed of accordingly.