1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 390 OF 2003 Bank of Maharashtra ...Plaintiffs vs. M/s.Vikhroli Medical & General Stores & Ors. ...Defendants Mr.Roshan D Souza i/b. M/s.Rekha Bandarkar for the Plaintiffs. None for the Defendants. CORAM : V.M. KANADE, J. DATED : JANUARY 12, 2010 P.C. :- 1 Heard Counsel for the plaintiffs. None appears on behalf of the defendants though they are served. 2 The plaintiffs have filed affidavit of service of the Bailiff dated 10th September, 2009 and also further affidavit of representative of the plaintiff dated 15th December, 2009 in respect of 2 publication of the writ of summons in the English newspaper through Free Press Journal and Marathi newspaper Navakal in the Issue dated 21 st November, 2009. In spite of service of notice, no appearance has been filed by the defendants. The plaintiffs, therefore, are entitled for a judgment and decree in view of provisions of Order 37 Rule 2 sub-clause 3. 3 The plaintiffs have filed the summary suit. The suit is based on Demand Promissory Note executed by defendant no.1 and other documents executed by defendant no.1 including Agreement of Guarantee by defendant nos.2 and 3 dated 1st November, 2009. The plaintiffs, therefore, entitled for judgment and decree. 4 Defendants No.1 to 3 are directed jointly and severally to pay to the plaintiffs a sum of Rs. 1,94,470/- and Rs.1,76,215/-, respectively as per particulars of plaintiffs claim being Exhibit F 3 and F-1 hereto, with further interest thereon at the rate of 15.30% per annum compounded at quarterly rests from the date of filing of the suit till payment and/or realization. Refund of Court fees be paid in accordance with Rules. Suit is disposed of. 5 Certified copy expedited. (V.M. KANADE, J.)