1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.154 OF 1998 Bank of India. ...Plaintiff. Versus Rakesh Dutta. ...Defendant. ....... Mr. Biju N. Jacob i/b.O.A. Das for the Plaintiff. None for the Defendant. ...... CORAM : DR. D.Y. CHANDRACHUD, J. September 18, 2009. P.C.: This is a Bank suit for the recovery of dues on account of a Credit Card facility extended to the Defendant. The Defendant was, on his application, granted a credit card by the Plaintiff. The Defendant utilized the credit card but failed to pay the outstandings which were Rs.1,14,987.51. An Advocate's notice was addressed on 9th December 1997. The suit has been instituted for recovery in view of the default of the Defendant. The Defendant has been served with the writ of summons, but no Written Statement has been filed. In the circumstances, the 2 averments contained in the plaint have not been controverted. The Plaintiff has duly proved its claim on the basis of the affidavit of evidence of its Authorised Officer and on the basis of the original documents which are tendered and taken on record. The suit shall stand decreed in terms of prayer clauses (a) and (b) with the modification that the Plaintiff will be entitled to interest at the rate of 9% p.a. from the date of the institution of the suit, until payment or realization. ...