1 s3509-08.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Sumary Suit No.3509 of 2008 Punjab National Bank ..Plaintiffs v/s. Mugdha Sunil Gupte & Anr. ..Defendants Ms.Tasleem Zariwala i/b/ Pankaj Vijayan for the Plaintiffs. Nonefor the Defendants CORAM : R.Y.GANOO, J. DATED : 28th September , 2010 P.C. : 1. The plaintiffs have filed this Summary Suit for recovery of loan granted to defendant No.1 being the principal debtor and the defendant no.2 being the guarantor. The defendants have not filed vakalatnama. Hence suit is taken up for ex-parte decree. 2. The plaintiffs have produced before the Court the documents in original so as to show the fact that loan was granted to defendant no.1 to the extent of Rs.5,00,000/-. Similarly, Guarantee Deed is produced which shows that the defendant no.2 had agreed to stand as 2 s3509-08.sxw a guarantor. Acknowledgment of liability letter dated 19.8.2005 is on record. Perused bank statement and other documents. As defendants have failed to file their vakalatnama and as the plaintiffs have made out a case, plaintiffs are entitled to decree and hence the following order is passed. ORDER i) Defendants jointly or severally do pay to plaintiffs sum of Rs. 7,88,277.30p. ii) Defendants jointly or severally do pay to plaintiffs interest on Rs.5 lakhs at the rate of 13% per annum, from the date of filing of the suit till realization. iii) Defendants jointly or severally do pay to plaintiffs costs of this suit. [R.Y.GANOO, J.]