IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.3020 of 2001. SUMMARY SUIT NO.3020 of 2001. SUMMARY SUIT NO.3020 of 2001. Bank of India having their Head Office at Express Towers, Nariman Point, Mumbai 400 021, and their Card Products Department at Free Press House, 9th Floor, Free Press Journal Marg, Nariman Point, Mumbai 400 021 ..Plaintiffs versus Mr,K.S. Abdul Aziz res. at B-81-82, Troika Apartment, Lokhandwala Complex, 3rd Cross Road, Andheri (West), Mumbai 400 053 and also having his office address at Sanz Inn Ltd. A-9, Monarch Palace, J.B.Nagar, Andheri (E), Mumbai 400 059 ..Defendant Ms. Mausam Vora i/b. O.A.Das for plaintiffs None for the Defendant CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 17th January, 2009. DATED : 17th January, 2009. DATED : 17th January, 2009. JUDGMENT. JUDGMENT. JUDGMENT. 1. Plaintiffs, Bank of India have instituted this suit for recovery of Rs.50368.85 and for interest on Rs.21,754.85 at the rate of 2.5% per -2- month with monthly rest from the date of the filing of the suit till payment and for costs. 2. The defendant was served with the Writ of Summons. However, nobody has appeared on behalf of the defendant. Hence suit was posted for ex-parte decree. As the suit is posted for ex-parte decree no issues are framed. Plaintiffs issued credit card to the defendant and defendant used the same from time to time, and on 31.8.1998 he paid to the plaintiffs Rs.30,000/- leaving a balance of Rs.21,754.85 as outstanding amount. The present suit has been filed on 27.7.2001. Considering the relevant dates, namely 31.8.1998 and 27.7.2001 the suit is filed within the period of limitation. 3. I have heard learned Counsel for the plaintiffs and perused the evidence affidavit as well as compilation of documents. The averments in the plaint have gone unchallenged. To that extent plaintiffs would be entitled to decree to the tune of Rs.21,754.85. 4. Plaintiffs have relied upon Clauses 17 and 18 of the terms and conditions of issuance of -3- Credit Card. Therein it is mentioned that the interest/service charges will be levied at the rate of 2.5% per month or part thereof. These clauses were pointed out by the learned Counsel for the plaintiffs in support of her contention that the plaintiffs are entitled to interest at the rate of 2.5% per month. Judgment dated 29.9.1997 in case of Bank of India vs. M/s. Shah Engineering Equipment Company and another in Summons for Judgment No.133 of 1996 in Summary Suit No.2480 of 1995 was pointed out to contend that the claim of the plaintiffs in similar matter for interest at the rate of 2.5% per month has been accepted by the Court. Similarly judgment dated 9.3.2001 in case of Bank of India vs. M/s. Elar Fashions Ltd. & Anr. in case of Summons for Judgment No.652 of 1999 in Summary Suit 5841 of 1998 was relied upon. I have perused the said judgments. If one peruses clauses 17 and 18 of the terms and conditions, said clauses refer to interest/service charges at the rate of 2.5% per month. In my view, these two clauses by themselves do not clearly set out that the plaintiffs are entitled to recover from the defendant interest at the rate of 2.5% per month. It is the case of the plaintiffs that they are -4- entitled to recover from the defendant interest at the rate of 2.5% per month. In my view, in a summary suit it is necessary for the plaintiffs to plead their case in specific terms. If this be so, I am not inclined to treat Clauses 17 and 18 as the clauses put up by the plaintiffs which will enable them to get Rs.2.5% per month as and by way of interest. To that extent the claim of the plaintiffs is required to be rejected. 5. In so far as the payment of interest is concerned, it cannot be that the plaintiffs are not entitled to recover any interest on the unpaid amount. In my view, if the interest at the rate of 12% per annum is granted on Rs.21,754.85 from 31.8.1998 upto the date of filing of the suit, it would meet the ends of justice. So far as interest after the filing of the suit is concerned, considering the provisions of Section 34 of CPC, plaintiffs can be granted interest at the rate of 6% per annum from date of filing of the suit till realisation on Rs.21,754.85. The plaintiffs, ofcourse will be entitled to costs of the suit. For the reasons mentioned aforesaid, I pass the following decree: -5- DECREE DECREE DECREE a) Defendant do pay to plaintiffs Rs.21,754.85. b) Defendant do pay to plaintiffs interest at the rate of 12% per annum from 31.8.1998 till filing of the suit on Rs.21,754.85. c) Defendant do pay to plaintiffs interest at the rate of 6% per annum from the date of filing of the suit till realisation on Rs.21,754.85. d) Defendant do pay to plaintiffs costs of the suit. e) Refund of Court fees is granted as per rules. (R.Y.Ganoo, (R.Y.Ganoo, (R.Y.Ganoo, J.) J.) J.)