-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 2751 OF 1993 Bank of Maharashtra. ..Plaintiff. Versus Narendra Kumar Kandhari. ..Defendant. Mr. Tushar Bhavsar i/b Vinod Mistry & Co., for the plaintiff. Coram : R. V. MORE, J. Date : March 11, 2010. P. C. : 1. The suit is filed under the provisions of Order-XXXVII Rule-2 of the Code of Civil Procedure, 1908 for recovery of an amount of Rs.1,82,680/- with interest @ 26.5% p.a. from the date of suit till payment and/or realisation thereof. The defendant is served and service affidavit to that effect is also filed, however, none appears on his behalf. 2. The plaintiff is a body corporate constituted under the provisions of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. Defendant is carrying on business in milk and various products. In the month of July 1988 the defendant requested the plaintiff for short term loan facility in the sum of Rs.90,000/- to which the plaintiff agreed and accordingly on 30th July 1988 the defendant signed, executed and delivered to the plaintiff a letter of application, receipt for Rs.90,000/- and term loan agreement. On 29th July 1991 the defendant signed and executed in favour of the plaintiff a letter of acknowledgment of liability admitting and confirming the execution of various documents on 30th July 1988 and further admitted and acknowledged therein that as on 30th June 1991 at the foot of the said account, a sum of Rs. -: 2 :- 1,17,926.90 paise was due and payable by the defendant to the plaintiff. 3. The plaintiff by letter dated 20th March 1992 addressed to the defendant recorded that since the disbursement of the said loan to the defendant, he had not paid any amount towards the repayment of the loan though he had agreed to repay the entire loan within two months from the date of disbursement. Thereafter, the plaintiff also through their advocate’s letter dated 15th January 1993 called upon the defendant to make payment of the outstanding dues of the aforesaid short term loan. The defendant failed to reply the above letters and therefore the plaintiff has filed the present suit for recovery of the amount mentioned above. 4. The suit is based on a written contract. The defendant has admitted his liability. The suit is also within limitation 5. The plaintiff has produced a compilation of original documents. Having perused the same, I find those documents support the case of the plaintiff. The defendant having failed to enter apperance in the suit despite notice, the plaintiff would be entitled to a decree under the provisions of Order-XXXVII Rule-2(3) of the Code of Civil Procedure, 1908. The suit shall accordingly stand decreed in the principal sum of Rs.1,82,680/- upon which the plaintiff would be entitled to interest @10% p.a. from the date of the suit till payment / realisation thereof. There shall be a refund of Court fees, if any, as per the Rules. (R.V. MORE, J.)