- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUMMARY SUMMARY SUMMARY SUIT NO.2318 OF 2008 SUIT NO.2318 OF 2008 SUIT NO.2318 OF 2008 State Bank of India ...Plaintiffs vs. Zaheda M. Ansari & Anr. ...Defendants Mr.Prasad Das i/b Goenka Law Associates for the plaintiffs None for the defendants CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : NOVEMBER 26,2008 : NOVEMBER 26,2008 : NOVEMBER 26,2008 P.C.: P.C.: P.C.: 1. Heard the learned counsel for the plaintiffs. He states that the summons issued under sub rule 2 of rule 2 of Order XXXVII of the Code of the Civil Procedure,1908 has been duly served to the defendants and affidavit of service has been filed. He states that the defendants have not entered the appearance within the time provided by law. The original documents on which reliance is placed have already been filed on record. 2. The suit is for recovery of personal loan of Rs.85,000/- advanced by the plaintiffs-bank to the defendants. Though the defendants were called upon to repay the amount payable, they have failed and neglected to pay the said amount. 3. Considering the averments made in the plaint and the - 2 - original documents on record, the plaintiff is entitled to decree as prayed for with modification that further interest at the rate of 12% per annum will be payable instead of the prayer made for grant of interest at the rate of 14.00% with monthly rests. 4. Hence, the suit stands decreed in terms of prayer clauses (a) and (b) with modification that simple interest at the rate of 12% p.a. will be payable instead of 14.00%. 5. The plaintiffs will be entitled to refund of court fees, as per the rules. 6. Certified copy is expedited. JUDGE JUDGE JUDGE