sanjay 1 s-267.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 267 OF 2009 Canara Bank. ... Plaintiff. V/s. Ulhas Darshan Salvi & Anr. ... Defendants. Rajan Kumar Dwivedy i/b. K.R.Lalchandani for the Plaintiff. None for the Defendants. CORAM : D.Y.Chandrachud, J. DATED : 11 March 2011. P.C. : On 31 January 2006 the Plaintiff granted a loan in the amount of Rs.2 lakh to the Defendant for the purchase of a vehicle. The loan was repayable in 60 equal monthly installments with interest at the rate of 12.75% per annum with monthly rests. The defendants executed a Deed of Hypothecation in respect of the vehicle. The second Defendant executed a Deed of Guarantee. There was a default on the part of the Defendants in repaying the loan upon which the Plaintiffs issued an Advocate’s notice sanjay 2 s-267.09 on 20 June 2008 calling for the repayment of the amount of Rs.2,23,431/-. The suit has been instituted for the recovery of the outstanding dues. 2. The defendants have been served with the writ of summons but have not entered appearance. The suit has been listed for ex parte decree. The Plaintiff has filed an affidavit in lieu of examination-in-chief of their Senior Manager and a compilation of original documents. The statement of account duly certified has been annexed at Exh.`K’. The claim of the Plaintiff has been duly established on the basis of the oral and documentary evidence. The Defendants not having entered appearance, they have not contested the proceeding. The case of the Plaintiff stands duly proved. 3. The suit is accordingly decreed in terms of prayer clauses (a) to (d) and (j) with the modification that the Plaintiff would be entitled to interest at the rate of 9% per annum from the date of the suit until payment or realization. There shall be a refund of court fees, if any, as per rules. (D.Y.Chandrachud, J.)