1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.301 OF 2007 State Bank of India ..Plaintiff. Vs. Maniben Virji Solanki and another ..Defendants. ... Mr. Jay K. Bhatia for the Plaintiff. None for the Defendants. .... CORAM: DR. D.Y. CHANDRACHUD, J. 14th March, 2008. P.C. : 1. The suit has been instituted under Order 37 of the Code of Civil Procedure, 1908 for the recovery of an amount of Rs.90,466/- due on account of a personal loan granted by the Plaintiff to the First Defendant, and for future interest. In pursuance of the request of the First Defendant, the Plaintiff by a letter of sanction dated 3rd January, 2005 granted a personal loan in the amount of Rs. 1 lac to the First Defendant on interest at the rate of 12.75% per annum. The Second Defendant is the guarantor. Among the documents that were executed by the Defendants are a personal loan agreement, deed of guarantee and a letter of authority. The Plaintiff has disbursed the loan which is 2 repayable in 48 monthly installments each of Rs.2,670/-. There has been a default on the part of the Defendants and despite an advocate's notice dated 13th December, 2006 the amount has not been paid. 2. The Defendants having failed to enter appearance despite service of the writ of summons, the suit has been listed for an ex parte decree. Upon the failure of the Defendants to enter appearance, the Plaintiff would be entitled to a decree under Order 37 Rule 2(3). The Plaintiff has relied on a compilation of documents on the basis of which the claim stands duly proved. The suit shall accordingly stand decreed in the principal sum of Rs.90,466/- upon which 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 the rules. *****