1 ss-792-05 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 792 OF 2005. Andhra Bank, having its Central Office at Andhra Bank Buildings, Sultan Bazar, Hyderabad, Andhra Pradesh, and its Credit Card Division at Homi Modi Street, Fort, Mumbai-400 023. ..Plaintiffs. vs. Manjul Shah, Residing at 201, A. Labhashish, Opp. Goklibai High School, Dadabhai Road, Vile Parle (West), Mumbai-400 056. ..Defendant. .... Ms. Juhi Rizvi, i/b. O.A. Das, for Plaintiff. None for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 10TH OCTOBER 2011. JUDGMENT : By the above Suit, the Plaintiffs has prayed for the following relief. 2. The Defendant has not entered her appearance inspite of service of Writ of Summons. The Suit is therefore placed on board under the caption “For Ex-parte Decree’. The Affidavit proving Service dated 3rd October 2011 is placed on record. The written contract pertaining to issuance and use of credit card is placed on record. 2 ss-792-05 3. In view of Sub-rule (3) of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, case is made out for passing the Decree. However, further interest from the date of filing the Suit until payment and/or realisation is fixed at the rate of 18% per annum (simple interest). 4. Hence, I pass the following order : (i) The Defendant is ordered and decreed to pay to the Plaintiffs a sum of Rs. 56,978.48 paise together with further service charges/ interest on Rs. 56,978.48 paise at the 18% per annum from the date of filing of the Suit till payment and/or realisation. (ii) The Defendant shall pay costs of this Suit to the Plaintiffs. (iii) Refund of Court fees, if any, as per Rules. 5. The Suit is accordingly disposed of. [ S.J. KATHAWALLA, J. ]