IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2804 OF 2008 State Bank of India .. Plaintiff Versus Virendra Himmatlal Chitalia & Anr. .. Defendants Mr.Sangameshwar Delmade i/by Goenka Law Associates for the plaintiff. None for the defendants. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 08th December 2008. : 08th December 2008. : 08th December 2008. P.C.: . Heard learned counsel appearing for the plaintiff. The office noting shows that writ of summons under Sub-rule 2 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 has been duly served and affidavit of service has been filed. It is stated that no appearance has been entered by the defendants. The original documents on which the reliance is placed by the plaintiff bank have been placed on record. 2. The plaintiff bank will be entitled to a decree in view of Sub-rule 3 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908. However, considering the 2 facts and circumstances of the case, further interest will be payable at the rate of 12% per annum instead of 12.25% per annum with monthly rests. 3. Hence, I pass the following order: (i) The suit is decreed in terms of prayer clauses (a) and (b) with modification that further interest will be payable at the rate of 12% per annum. (ii) The plaintiff will be entitled to refund of Court fees as per the rules. (iii) Certified copy is expedited. (A.S.Oka,J)