1 38 sj.139.08 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 139 OF 2008 IN SUMMARY SUIT NO. 409 OF 2008 Andhra Bank. ... Plaintiffs Vs. KarROX Technologies Ltd. and ors. ... Defendants -------- Mr. O.A.Das for the Plaintiffs. Mr. Karl Shroff a/w Ms. Manasi Joshi for the Defendant Nos.1 to 3. -------- CORAM : A.A. SAYED, J. DATE : 28 th July, 2010. P.C. 1 The dispute is regarding certain amounts charged on the credit card, which credit card was issued by the Plaintiff-Bank to the Defendants. The Defendants are in the business of imparting knowledge in software education and the credit card was used by the Defendants solely for the payment of examinations fee in respect of examinations undertaken by students online. The suit claim is for a sum of Rs. 2,10,174.19 alongwith interest at the rate of Rs.2.95% per month. The total transactions conducted by use of the credit card was to the tune of Rs.37,28,891.48. Admittedly, more than 90% amount charged on the 2 38 sj.139.08 credit card has already been paid. The credit card has also been surrendered. The Defendants have disputed certain charges made by the Plaintiff-Bank. These charges apparently also include service charges, late payment charges and interest. According to the Defendants, several transactions not attributable to them, were also wrongly debited to their account. It is not in dispute that certain entries/ charges were reversed by the Plaintiff-Bank. Considering the facts and circumstances of the case, it cannot be said that the claim is an ascertained sum of money. The Defendants have raised triable issues and are entitled to unconditional leave. Ordered accordingly. 2 The suit shall stand transferred to the list of commercial causes. Written statement to be filed within 30 days. Discovery and inspection of documents within eight weeks thereafter. Summons for Judgment is disposed of accordingly. [ A.A. SAYED, J ]