1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.3303 OF 2007 State Bank of India ..Plaintiff. Vs. H.R. Sriniwas and others ..Defendants. .... Mr. Prasad Das i/b Goenka Law Associates for the Plaintiff. None for the Defendants. .... CORAM: DR. D.Y. CHANDRACHUD, J. 14th March, 2008. P.C. : 1. The suit has been instituted under Order 37 of the Code of Civil Procedure, 1908 for the recovery of an amount of Rs.69,367.43 together with interest. In pursuance of the request of the First Defendant, the Plaintiff sanctioned a personal loan of Rs.2 lacs. The First Defendant executed an agreement dated 29th April, 2004 while the Second Defendant executed a deed of guarantee. The loan has not been repaid. A revival letter was sent by the borrower and guarantor on 4th April, 2007. Despite a notice of demand dated 24th October, 2007, the amount due has not been paid. 2 2. The Defendants having failed to enter appearance despite service of the writ of summons, the suit has been listed for an ex parte decree. Upon failure of the Defendants to enter appearance, the Plaintiff would be entitled to a decree under Order 37 Rule 2(3). The Plaintiff has relied on a compilation of documents on the basis of which the claim stands duly proved. The suit shall accordingly stand decreed as prayed with the modification that the Plaintiff would be entitled to interest at the rate of 9% per annum on the principal sum from the date of the suit until payment or realization. There shall be a refund of Court fees, if any, as per the rules. *****