IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2330 OF 2003 Bank of Maharashtra ..Plaintiffs Vs. Ashok S. Joshi & Anr. ..Defendants Mr. Vinayak Sawant i/b Mr. N. K.Kamat for the Plaintiffs None for the Defendants CORAM: DR. D.Y. CHANDRACHUD, J. DATE: 10th September , 2009 P.C. : 1. This is a bank suit for recovery of monies lent and advanced. Defendant No.1 had obtained a Housing Loan from the Plaintiffs in the amount of Rs.3 lacs. Defendant No.1 executed a Demand Promissory Note, a request letter and an Agreement for Term Loan as well as a receipt all dated 10th May 2000. Defendant No.1 also deposited the Title Deeds of a residential flat at Malad, in order to create an equitable mortgage. A Declaration recording the deposit was executed on 9th May 2000. In respect of the Housing Loan granted to Defendant No.1, the Plaintiffs have maintained an account in the ordinary course of business. The amount of the housing loan has not been repaid. The Suit has been filed for recovery. 2. The Defendants have not entered appearance, despite service of the Writ of Summons. The averments contained in the Plaint have not been controverted. The Plaintiffs have relied upon an Affidavit of evidence of their witness and a Compilation of the documents. In the absence of any contest, the claim has been duly proved on the basis of the evidence on record. The Suit will accordingly stand decreed in terms of prayer clauses (a) to (e). (Dr. D.Y.Chandrachud, J)