: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.121 OF 2008 IN SUMMARY SUIT NO.1207 OF 1998 Bank of India ....Plaintiff V/s. Sudarshan K. Rao ....Defendant Mr.O.A. Das for the Plaintiff. Mr.Tushar Bhavsar i/b Mr.V.M. Jhaveri for the Defendant. CORAM : S.J. VAZIFDAR, J. DATED : 13TH AUGUST, 2008. P.C. : 1. The suit is filed to recover the amounts due in respect of the credit card facility granted by the Plaintiff to the Defendant. That the facility was granted and was availed of is admitted. That the amounts due under the terms and conditions granting the facility has not been repaid is established. 2. It is however, contended that this Court has no territorial jurisdiction. The submission is totally unfounded. The application for credit card facility is itself made to the Plaintiff’s Bombay office. That the papers may have been routed through another office outside the jurisdiction of this Court : 2 : would make no difference. 3. It was then submitted that the claim is barred by limitation. The facilities have been availed of within a period of three years from the date of filing of the suit. The facility was not terminated by the Plaintiff. No request for terminating the facility was made by the Defendant. In the circumstances, there is no substance in this submission either. 4. There is no defence to the suit. In the circumstances, leave to defend is rejected. The Summons for Judgment is made absolute and the suit is decreed as prayed. However, the interest after the date of filing of the suit shall be at the rate of 15% p.a. on the basis of simple interest and only on the principle sum of Rs.23,369/-. The Defendant shall be entitled to pay the decretal amount as follows :- i). A sum of Rs.25,000/- shall be paid on or before 31.8.2008. The same shall be adjusted towards the interest. The balance shall be paid on or before 31.12.1009.