*1* ss.1045.09 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1045 OF 2009 Dena Bank. ..Plaintiff -Versus- Vinod B. Shendge and another. ..Defendants .......... A.Z.Mukhtiar i/b J.K.Bhatia, for the Plaintiff. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 29th October, 2010. P.C. 1 The Plaintiff advanced the personal loan facility to the Defendant No.1 who is principal borrower and the Defendant No.2 guaranteed the repayment of the dues in case of default by the Defendant No.1. Though the facility was availed of but the Defendant No.1 failed to repay the loan. Accordingly, the demand notice was issued to both Defendants but the amount has not been paid. That is how this suit is filed. 2 The suit is filed on the basis of the written contract as evidenced by the letter of sanction, agreement for clean loan, demand promissory note and the deed of guarantee executed by the Defendant No. 2. Both Defendants are working for gain in Mumbai, so also, all facilities were extended to them in Mumbai, therefore, this Court has territorial jurisdiction to entertain and try the suit. Some part payment in cash has been made which has been duly accounted. Therefore, the suit claim is not barred by limitation. 3 In such circumstances, the affidavit of service is taken on *2* ss.1045.09 record and marked “X” for identification. The original documents are taken on record and marked “X-1” for identification. The suit is decreed as prayed. The Advocate’s costs be computed as per rules. Refund of the Court fees as per rules. (S.C. Dharmadhikari, J)