1 ss1864-09 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1864 OF 2009 Bank of India .. Plaintiffs Vs. Satyendra Singh Yadav .. Defendant Ms.Trupti Kudatarkar i/b Mr.M.V.Patange for the plaintiffs CORAM : S.C.Dharmadhikari, J. DATE : December 10, 2010 P.C. : 1. The plaintiffs advocate has filed summary suit against the defendant. After ’ the summons was received, the defendant should have entered appearance but he has failed to do so. 2. The bank has invoked Order XXXVII of the Code of Civil Procedure on the basis that it sanctioned the facility of BOI Navy Card to the defendant. The defendant availed of this facility and the bank made payments on his behalf to several sellers and suppliers as per the terms and conditions of the ‘ ’ facility which have been accepted. The defendant was to reimburse the bank but has failed to do so and therefore, interest on overdue payment was also charged on these payments. Entire facility has been operated and 2 ss1864-09 the account in that behalf is maintained in the ordinary and regular course of business. 3. Going by the averments in the plaint, I am of the opinion that plaintiffs have satisfied me that considering the law laid down by this court in several decisions to the effect that grant of such a facility is a written contract between the parties which stands evidenced by the letters and documents executed between the parties, this suit is maintainable as a summary suit. Further the claim of the plaintiff is within limitation and this court has territorial jurisdiction to entertain and try the suit. Suit is decreed as prayed. Original documents are taken on record and marked X ‘ ’ for identification and affidavit proving service is marked as X-1 . ‘ ’ ( S.C.Dharmadhikari, J. )