*1* ss.1960.09.11.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1960 OF 2009 Bank of India. ..Plaintiff -Versus- Mangesh Narsimma Kurmidda. ..Defendant .......... Mr.M.V.Patange, for the Plaintiff. None for the Defendant. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 16th December, 2010. P.C. 1 The Plaintiff has filed this 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 Plaintiff-Bank has invoked Order XXXVII of the Civil Procedure Code on the basis that it sanctioned the facility of BOI India Card to the Defendant. The Defendant availed of this facility and the Plaintiff-Bank made payments on his behalf to several “sellers” and “suppliers” as per the terms and conditions of the facility which have been accepted by the Defendant. The Defendant was to reimburse the Plaintiff but has failed to do so and therefore, interest on overdue payment was also charged on these payments. The facility has been used by the Defendant and the account in that behalf is maintained by the Plaintiff in its ordinary and regular course of business. 3 Going by the averments in the plaint, I am of the opinion that the Plaintiff has satisfied me that considering the law laid down by this *2* ss.1960.09.11.sxw Court in several decisions to the effect that the grant of such 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. 4 In such circumstances, the original documents are taken on record and marked “X”, so also, the affidavit proving service is taken on record and marked “X-1” for identification. The suit is decreed as prayed. Refund of Court fees as per rules. Advocate costs to be computed as per rules. (S.C. Dharmadhikari, J)