1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.419 OF 2009 IN SUMMARY SUIT NO.1435 OF 2005 Central Bank of India ...Plaintiffs vs. M/s.All India Soap Works & Ors. ...Defendants Mr.B.B.Nasigare i/b Gandhi & Associates for the plaintiffs None for the defendants CORAM :A.S.OKA,J. DATE : JANUARY 7, 2011 P.C.: 1 Heard learned counsel for the plaintiffs in support of the summons for judgment. He states that the summons for judgment has been duly served to the defendants. But no reply has been filed. 2 According to the case of the plaintiffs, the first defendant was granted cash credit facility (hypothecation) of Rs.5 lacs. The first defendant has availed of the said cash credit facility by executing various documents which are listed in paragraph 4 of the plaint. The second and third defendants are the guarantors who guaranteed the repayment of the loan by signing the letter of guarantee dated 19th August 2002. The first defendant has committed default. Reliance is placed on the letter dated 18th October 2003 sent by the 2 first defendant acknowledging receipt of letters dated 28th July 2003. By the said letter, the first defendant assured to clear the dues. Notice of demand was issued by the plaintiffs on 20th September 2003 calling upon the defendants to pay the amount due and payable. 3 The learned counsel for the plaintiffs has tendered original documents on record. The documents along with list of documents are taken on record. 4 As no reply has been filed by the defendants to the summons for judgment, in view of clause (a) of sub rule 6 of rule 3 of Order XXXVII of the Code of Civil Procedure, 1908, the plaintiffs are entitled to the Judgment. Accordingly, summons for judgment is made absolute and there shall be a decree as prayed. 5 The plaintiffs will be entitled to refund of court fees as per per the rules. JUDGE