1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.341 OF 2008 IN SUMMARY SUIT NO.3305 OF 2007 Bobcard Ltd. ..Plaintiffs. Vs. Saroj Bagadia ..Defendant. Mr.S.V. Lad i/b. V.S. Legal Associates for the Plaintiff. Ms.Ambreen Saheed i/b. Ms.Rita Bhatia for the Defendant. CORAM : S.J. VAZIFDAR, J. DATED : 28TH JULY, 2009 P.C. :- The suit is filed to recover the amounts due in respect of the credit card facility availed of by the Defendant from the Plaintiff. That the agreement for availing of the credit card facility is signed, is not disputed. 2. The bills in respect of which the suit is filed were sent to the Defendant from time to time. The Defendant however denies the same. It is pertinent to note that by a letter dated 1.5.2007 addressed to the Defendant, the Plaintiff stated that it been constantly requesting the Defendant for over six months to deposit to the minimum payment 2 due regularly in order to keep the card alive and that regular communications were being sent along with the monthly bill. 3. There is no reply to this letter. There is nothing on record that militates against the Plaintiff’s claim in the suit. 4. It is two years since the suit has been filed. It is now contended that Exhibits “A” and “B” to the plaint were not served. Curiously, no request for the same had been made until recently. 5. In the circumstances, there is no defence to the suit. 6. The Summons for Judgment is therefore made absolute and the suit is decreed as prayed.