1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.396 OF 2003 Bank of India. ...Plaintiff. Versus Ramesh S. Thakkar. ...Defendant. ....... Mr. O.A. Das for the Plaintiff. None for the Defendant. ...... CORAM : DR. D.Y. CHANDRACHUD, J. September 17, 2009. P.C.: This is a Bank suit for the recovery of moneys lent and advanced. The Defendant has been served with the writ of summons, but has failed to enter appearance. The suit has been listed for an ex- parte decree. The Plaintiff has filed an affidavit of its authorised officer seeking permission to adduce secondary evidence. The Plaintiff has duly made out a case for the grant of permission and the application for leading secondary evidence is accordingly allowed. 2. The Plaintiff had issued a Credit Card to the Defendant in pursuance of the request made to the Plaintiff. The facility was 2 availed of by the Defendant. Moneys due and outstanding were not paid. AnAdvocate's notice was addressed on 1st November 2002 despite which payments were not made. The suit has been instituted for the recovery of a sum of Rs.97,864/- being the outstanding amount due and payable by the Defendant and a further sum of Rs. 77,696/- being uncharged interest from 1st August 2000 to 15th December 2002, the total amount being Rs.1,75,560.94. 3. The Defendant, as noted earlier, has not entered appearance despite service of writ of summons and the averments contained in the plaint have not been controverted. The Plaintiff filed an affidavit of evidence of its authorised officer who has verified the correctness of what is stated therein and a compilation of the original documents. The claim has been duly proved. The suit shall accordingly stand decreed in terms as prayed with the modification that the Plaintiff will be entitled to interest at the rate of 12% p.a. from the date of the institution of the suit, until payment or realization. ....