1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1082 OF 2003 Syndicate Bank .. Plaintiffs versus M/s.Mahavir Marketing & Ors. .. Defendants Mr.S.R.Shetty for the plaintiffs. None for the defendants. CORAM : A.S.OKA, J. DATE : 10th November 2009. P.C: . The writ of summons under sub-rule 2 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 (hereinafter referred to as the said Code) has been duly served to the defendants. It is pointed out that the defendants have not entered appearance within the time stipulated by law and therefore under sub-rule 3 of Rule 2 of Order XXXVII of the said Code, the plaintiffs are entitled to a decree. 2. The 1st defendant is the proprietary concern of the 2nd defendant. The 3rd and 4th defendants are said to be the guarantors who guaranteed repayment of the amount due and payable by the 1st defendant under overdraft facility granted by the plaintiffs in favour of the 1st defendant. A reliance has been placed by the plaintiffs on various documents executed by 2 1st and 2nd defendants. A reliance is also placed on a guarantee document executed by the 3rd and 4th defendants. The plaintiffs have placed on record original documents alongwith affidavit of evidence of one Sunanda Anand Ridhorkar, a Manager of the plaintiffs-bank. By the said affidavit and the documents, the plaintiffs have proved their claim. An extract of account of 1st defendants which is duly certified has been placed on record. 3. The plaintiffs have prayed for further interest at the rate of 14% per as per the agreement between the parties. The plaintiffs are entitled to decree as prayed. 4. Hence, I pass the following order: : O R D E R : (a) There will be a decree in terms of prayer clause (a) with modification that the plaintiffs will be entitled to a further interest at the rate of 14% per annum from the date of institution of the suit. (b) The plaintiffs will be entitled to refund of court fees as per the rules. (A.S.OKA,J)