1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION SUMMARY SUIT NO. 3001 OF 2007 State Bank of India. .... Plaintiff. V/s. Amol Balkrishna Raut & Anr. .... Defendants. ....... Mr. Prasad Das i/b. Goenka Law Association for the Plaintiff. None for the Defendants. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 25TH JANUARY 2008. P.C. :- The suit has been instituted for the recovery of an amount of Rs.1,31,160.74 together with interest under the provisions of Order XXXVII of the Code of Civil Procedure, 1908. The claim arises under a loan agreement executed by the First Defendant on 17th February 2003 and a deed of guarantee 2 executed by the Second Defendant. The Statement of Account shows that on 9th January 2007, a payment of Rs.25,000/- was made by the First Defendant. The suit is, therefore, within limitation. The Defendant has not entered appearance despite service of the writ of summons. The suit arises under a written contract and therefore falls within the purview of Order XXXVII of the Code of Civil Procedure, 1908. The Defendant having failed to enter appearance, the Plaintiff would be entitled to a decree in view of the provisions of Order XXXVII Rule 2(3) of the C.P.C. Counsel appearing on behalf of the Plaintiff has placed on the record a compilation of the original documents. The Suit is accordingly decreed in terms of prayer clauses (a) and (b) with the modification that the Plaintiff would be entitled to interest at the rate of 12% per annum on the principal sum from the date of the institution of the suit until payment or realization. ------