1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.161 OF 1998 Dena Bank. ...Plaintiff. Versus Dr.Meena G.More @ Meena Pawar & Ors. ...Defendants. ....... Mr.A.H. Shukla i/b. Shukla & Shukla for the Plaintiff. None for the Defendant. ...... CORAM : DR. D.Y. CHANDRACHUD, J. July 28, 2009. P.C.: In January 1995, the Plaintiff extended a term loan and working capital facility to the First Defendant for an amount of Rs. 3.80 lakhs. The First Defendant executed several documents, amongst them being a Demand Promissory Note and an Agreement for Hypothecation, dated 19th January 1995. Defendant Nos.2 to 4 are guarantors and had executed a letter of guarantee. As on September 1996, an amount of Rs.3,58,136/- remained due and outstanding. Upon a default by the Defendants, the Plaintiff addressed an Advocate's notice dated 28th November 1997, despite which the loan was not paid. 2 The Defendants have been served with the writ of summons, but have failed to enter appearance. In these circumstances, the averments contained in the plaint have not been controverted. The Plaintiff has relied upon an affidavit of evidence of their Manager who has verified the correctness of what is stated in the affidavit in lieu of the Examination-in-Chief. Reliance has been placed on a compilation of the original documents which is tendered and taken on record. The compilation contains a duly certified statement of account. The claim has been duly proved. In the circumstances, the suit shall stand decreed in terms of prayer clauses (a) to (c ) and (h) with the modification that the Plaintiff will be entitled to interest at the rate of 12% p.a. from the date of the institution of the suit, until payment or realization. .....