-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 2824 OF 1993. Allahabad Bank. ..Plaintiff. Versus A. P. Tiwari. ..Defendant. Mr. C. D. Patel i/b Mr. N. S. Fadia for the plaintiff. Coram : R. V. MORE, J. Date : January 28, 2010. P. C. : 1. The plaintiff has filed the above suit under the provisions of Order- XXXVII Rule-2 of the Code of Civil Procedure, 1908 for recovery of an amount of Rs.58,884/- together with further interest thereon @ 24% p.a. The writ of summons alongwith true copy of the plaint was served on the defendant on 19/1/1994. The plaintiff has also filed service affidavit annexing therewith the acknowledgment duly signed by the defendant. I am satisfied that the defendant is duly served. However, none appears on behalf of the defendant and therefore suit is placed on board under the caption “ex-parte decree”. 2. The plaintiff is a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. The defendant was having a Savings Bank Account with the plaintiff – bank. The defendant made an application for BOBCARD-Allahabad Bank membership [for short “the said card”] in the month of September 1989 on -: 2 :- the terms and conditions which the defendant admitted to have read and agreed to abide by the same and in token thereof he signed the said application. The defendant also authorised the plaintiff’s said branch to debit his savings bank account No.7415 for all card utilisation payment, renewals and other charges. On defendant’s application, he was issued the said card bearing No. 02013840004 in the month of September 1989. The said card was cancelled on 27th July 1990 on account of huge overdraft availed on the defendant’s said savings bank account, which remained unadjusted in spite of repeated requests. It is the specific case of the plaintiff that the defendant utilised the said card and as a result whereof from time to time the defendant’s savings account was debited for card utilisation payment and as on 25th July 1993 the amount of Rs.58,884/- was due and payable by the defendant to the plaintiff as per the statement of Accounts. The defendant in spite of repeated requests, oral and written, failed and neglected to adjust the overdraft, as a result the plaintiff was constrained to cancell the said card. The plaintiff ultimately by its notice dated 27th January 1993 called upon the defendant to pay the outstanding amount of Rs. 48,122.49 paise together with further interest @24% p.a. from August 1992 till payment. However, the defendant failed and neglected to make payment. Therefore, the plaintiff has filed the present suit. 3. The plaintiff has filed original documents. I have perused the application form made by the defendant for Bob-Card membership, copy of -: 3 :- the Terms and conditions for issuance of the said card, plaintiff’s advocate notice dated 27th January 1993 and statement of accounts duly certified under the Banker’s Books of Evidence Act. In the light of provisions of Order-XXXVII Rule-2(3) of the Code of Civil Procedure, 1908, especially in view of the fact that the defendant has not contested the suit by putting appearance in the suit, the plaintiff is entitled for decree as prayed for. Suit is accordingly decreed in terms of prayer clause (a). Decree be drawn up accordingly. (R.V. MORE, J.)