1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 116 OF 1999 Bank of India ..Plaintiff. Vs. Tungabhadra Machinery & Tools Ltd. ...Defendants. --- Mr. O.A. Das, for the Plaintiff. None for the Defendants. ---- CORAM : S.J. VAZIFDAR, J. DATED : 27TH AUGUST, 2009. P.C. 1. The suit is filed to recover the amounts due in respect of credit card facility granted by the Plaintiff to the Defendants. The credit card was issued in favour of Defendant no.2 who is an officer of the Company. The Defendants have executed the usual agreement/form which incorporates the terms and conditions for use of the credit card.. 2. The Plaintiff has forwarded the bills from time to time to the Defendants. The Plaintiff’s Advocate’s notice dated 07.11.1998 demanding payment of the amounts outstanding was replied to by Defendant no.1 by their letter dated 30.12.1998 after the suit was 2 filed. Defendant no.1 undertook to clear the outstanding dues. This is a clear admission of liability. 3. No appearances have been filed. The Defendants are absent. There is no defence to the Plaintiff’s claim in the suit. A compilation of documents tendered on behalf of the Plaintiff is taken on record and marked “A”(Colly.) 4. In the circumstances, the suit is decreed as prayed. Refund as per rules.