High Court Benchmark on Maintainability of Summary Suits for Credit Card Dues under Order 37 CPC
Parties: Standard Chartered Bank v. Rajesh Kumar & Ors.
The card-issuing bank instituted a summary suit under Order XXXVII of the CPC for recovery of ₹8,42,650 outstanding on a premium credit card. The defendant contended that credit card balances constitute unliquidated damages stemming from running mutual accounts and cannot be adjudicated as a liquidated contractual demand under Order 37.
The High Court rejected the cardholder's contention, ruling that a credit cardholder contract accompanied by verified monthly statements of account, transaction charge slips, and digital authentication logs constitutes a written contract for a liquidated demand in money. Because the borrower failed to demonstrate a substantial or bona fide defense, the court denied unconditional leave to defend and passed a summary money decree for the full claim with 10% pendente lite interest.