JUDGMENT - F.I. REBELLO, J:---The plaintiff Bank, on an application by the defendant had issued to the defendant a Credit Card. It is the contention of the plaintiff that the defendant has used the Card. However, he has failed and neglected to pay the amounts due and payable to the bank in terms of the agreement between the bank and the defendant. The agreement, it is contended, are the terms and conditions which the defendant agreed to abide by at the time he applied for the card. It is contended that a holder of a card can purchase goods/material by using the card and without actual payment of money. The bank in turn reimburses the seller for the value for which the card was used. The card contains an upper limit to the extent which it can be used. As per the terms and conditions on failure to pay the amount within the stipulated date the holder of a card has to pay a service charge depending on the contract or as per the policy followed by the bank from time to time. The amount so payable, it is contended, is, therefore, under an agreement which is a liquidated amount and, therefore, the suit is maintainable as a summary suit.

2. On behalf of the defendants it is contended that

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