1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.126 OF 2007 Bank of India ..Plaintiff. Vs. Manohar K. Swami A. ..Defendant. .... Mr. S.V. Lad i/b V.S. Legal Associates for the Plaintiff. None for the Defendant. .... CORAM: DR. D.Y. CHANDRACHUD, J. 14th March, 2008. P.C. : The Suit has been instituted for the recovery of an amount of Rs.66,633.53 on account of the use of credit card facilities by the Defendant. The Plaintiff had issued a credit card to the Defendant on the basis of an application. The Defendant used the credit card and an account was maintained in the usual course of business by the Plaintiff. An amount of Rs.47,918.95 remained due and payable. Despite an advocates notice dated 23rd August, 2006, the Defendant failed to pay the dues. 2 The Defendant has been served with the writ of summons and has failed to enter appearance. The suit has accordingly been listed for an ex-parch decree. The claim of the Plaintiff falls within the purview of Order 37 of the Code of Civil Procedure, 1908 and is within limitation. Since the Defendant has failed to enter appearance, the Plaintiff would be entitled to a decree under Order 37 Rule 2(3). The Plaintiff has relied upon a compilation of the original documents on the basis of which the claim is proved. The suit shall accordingly stand decreed in the principal sum of Rs.47,918.95 on which the Plaintiff would be entitled to interest at the rate of 9% per annum from the due date till the date of the suit and at the same rate thereafter until payment or realization. The Plaintiff will be entitled to costs of the suit. ****