IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2697 OF 2003 State Bank of India ...Plaintiff Vs. Kirti Shivnath Purohit & Anr. ...Defendants ----- Mr.Vivek S.Sawant i/b. Kusunakar Kaushik for Plaintiff ---- CORAM: V.M. KANADE J. DATED: 3RD FEBRUARY, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Plaintiff. None appears on behalf of the Defendants though they were served. 2. The Plaintiff has filed affidavit of service dated 19th January,2004. In spite of service of writ of summons, no appearance has been filed within 10 days from the service of writ of summons. 3. The Plaintiff is a bank and has sanctioned loan facility to the tune of Rs.1,50,000/-. The Defendant No.1 executed a personal loan agreement and also executed a demand promissory note. The Defendant No.2 executed a guarantee agreement on behalf of the Defendant No.1. The Defendant No.1 did not pay the monthly installments which were due and payable as agreed in the agreement. In view of the provisions of Order XXXVII Rule 2(3), the Plaintiff is entitled for a judgment and decree. The suit of the Plaintiff is, accordingly, decreed in terms of prayer clauses (a) and (b). Refund of Court fees be paid to the Plaintiff in accordance with rules. Suit is, accordingly decreed and disposed of. Certified copy is expedited (V.M. KANADE J.)