1 sj448.10.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 448 OF 2010 IN SUMMARY SUIT NO. 1830 OF 2009 Bank of India ......Plaintiff. Vs. Mahendranath Lonja ......Defendant. Ms. Juhi Rizvi i/by M/s. O.A. Das & Associates for the Plaintiff. None for the Defendant. CORAM :- ANOOP V. MOHTA, J. DATE :- 23 DECEMBER 2011. P.C.:- This is a Summary Suit filed by the Plaintiff based upon the agreement between the parties and as the Defendant failed to make the payment inspite of using the credit card. None appeared for the Defendant though served. An affidavit of service of the Summons for Judgment dated 23 December 2011 is taken on record. The Defendant filed the Vakalatnama through his advocate but later on, inspite of service of Summons for Judgment in January 2011 till this date, failed to file any reply to the affidavit filed by the Plaintiff in support of the Summons for Judgment. In the result, the facts, as well as, the documents which are the part and parcel of the Bank Suit remained uncontroverted. 2 sj448.10.sxw ssm 2 Apart from the averments made in the Plaint, as well as, the affidavit in support of the Summons for Judgment, there are signed documents including the terms and conditions of the BOI India Card, Statement of Account, particulars of the claim for filing of the Suit which includes demand notice and the same was never replied by the Defendants. 3 The present Summary Suit as filed for the undisputed amount and as the Bank Statement shows the liability has been crystalized and has remained uncontroverted, I am inclined to grant Summons for Judgment as prayed. 4 So far as the interest rate is concerned that is also part of agreed clause/condition and has remained uncontroverted, the Summons for Judgment is allowed as prayed. 5 In the result, the Summons for Judgment, as well as, the Summary Suit are disposed of accordingly. There shall be no order as to costs. The refund of Court fees, if any, in accordance with law. (ANOOP V. MOHTA, J.)