((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2317 OF 2008 State Bank of India Plaintiff versus Dharmendrasingh Bisht and anr. Defendant Prasad Das i/by Goenka Law Associates for plaintiff. CORAM : A.S.OKA, J. DATE : 05th December 2008 PC : 1. The office noting shows that the summons as required by Sub Rule 2 of Rule 2 of Order XXXVII of Code of Civil Procedure, 1908 has been duly served to the defendants and affidavit of service has been filed. 2. The first defendant is the borrower of the plaintiff bank to whom the personal loan was advanced by the plaintiff bank. The second defendant guaranteed the repayment of the loan. The plaintiff bank has placed on record the original documents executed by the defendants. 3. In view of the averments made in the plaint ((-2-)) and the original documents, the plaintiff bank is entitled to a decree as prayed, however, further interest as prayed @ 17.25% p.a. with monthly rests cannot be granted. Considering the facts and circumstances of the case, simple interest @ 10% p.a. will be payable from the date of institution of the suit. 4. Hence, the suit is decreed in terms of prayer clauses (a) and (b) with a modification that simple interest @ 10% p.a. will be payable from the date of filing of the suit. 5. The plaintiff will be entitled to refund of court fees as per rules. Certified copy is expedited. (A.S.OKA, J.)