IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2701 OF 2003 State Bank of India ...Plaintiff Vs. Shivnath S. Purohit & Anr. ...Defendants ----- Mr.Vivek S.Sawant i/b. Kusumakar Kaushik for Plaintiff ---- CORAM: V.M. KANADE J. DATED: 3RD FEBRUARY, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Plaintiff. None appears on behalf of the Defendants though they were served. 2. The Plaintiff has filed affidavit of service dated 21st January,2004. In spite of service of writ of summons, no appearance has been filed by the Defendants within 10 days from the service of writ of summons. 3. The Plaintiff is a bank and has sanctioned loan facility to the tune of Rs.1,50,000/-. The Defendant No.1 who had executed a personal loan agreement and also executed a demand promissory note dated 25.10.2000. The Defendant No.2 stood as a guarantor in his personal and individual capacity and executed the guarantee agreement dated 15.10.2000. It is the case of the Plaintiff that the said guarantee is a continuing guarantee. The Defendant No.1 has failed to pay the monthly installments as agreed under the agreement and, therefore, the present suit has been filed. In spite of service of writ of summons, no appearance has been filed by the Defendants and, therefore, the Plaintiff is entitled for a judgment and decree. In view of the provisions of Order XXXVII Rule 2(3), the Plaintiff is entitled for a judgment and decree. The suit of the Plaintiff is, accordingly, decreed in terms of prayer clause 19 (a). Refund of Court fees be paid to the Plaintiff in accordance with rules. Suit is, accordingly decreed and disposed of. Certified copy is expedited (V.M. KANADE J.)