1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.1952 OF 1998 Bank of India. ...Plaintiff. Vs. Martin Thomas Arakkal. ...Defendant. .... Mr. O.A. Das for the Plaintiff. None for the Defendant. ..... CORAM : DR.D.Y.CHANDRACHUD, J. July 22, 2009. P.C. The suit has been instituted under Order 37 of the Code of Civil Procedure, 1908 for the recovery of an amount due and payable in respect of a Credit Card Facility. The Defendant held a Savings Bank Account in the Nariman Point Branch of the Plaintiff. In pursuance of an application dated 9th December 1994, the Plaintiff issued a Credit Card to the Defendant which was availed of by the Defendant from time to time. As on 31st March 1998, there was a debit balance of Rs.61,556/-. The amount was not repaid. Accordingly, the suit came to be instituted for recovery. 2 The Defendant has been served with the writ of summons. The Defendant not having entered appearance, the averments in the plaint have not been controverted. The Plaintiff has relied upon an affidavit of evidence of its Officer and on a compilation of the original documents. The claim has been duly proved on the basis thereof. The suit shall accordingly stand decreed in terms of prayer clauses (a) and (b) with the modification that the Plaintiff will be entitled to interest at the rate of 12% p.a. on the principal sum from the date of the suit until payment or realization. There shall be a refund, of Court fee if any, as per the rules. ......