ORDER
F.I. Rebello, J.
1. The matter was heard yesterday and was adjourned today at the request of the Counsel for the plaintiffs. None present when the matter is called out.
2. The plaintiffs have filed the suit for recovery of the amounts from the defendant pursuant to the user of a Credit Card issued by the plaintiffs. There was no amount advanced in terms of any agreement nor is the suit for any liquidated amount. On the Summons for Judgment being taken out the defendant has filed an affidavit in reply and contested that the amount as set out is due and payable. The defendant has set out that only there were purchases amounting to Rs. 80, 680.30 ps. and not the amount as claimed by the plaintiffs. Interest is also denied on use of the card.
3. It is also contended that the lending rate of interest is contrary to the notification issued by the Reserve Bank of India under the provisions of the Banking Regulation Act regulating interest of Nationalised Banks.
4. Having considered the averments in the plaint and the reply to the Summons for Judgment, I am of the considered view that the suit is for recovery of an amount at the foot of the account. The defendant has not admitted the said amount. In that light of the matter, as there are several triable issues and the suit is for recovery of an amount, the defendant is entitled to unconditional leave to defend the suit.
5. Consequently, the defendant is granted unconditional leave to defend the suit. Suit is transferred to the List of Commercial Causes. The defendant shall file the written statement within 12 weeks from today. The parties will file affidavit of documents within 8 weeks thereafter. Inspection and discovery will be completed within 8 weeks thereafter.
6. There shall be no order as to costs.