-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1456 OF 2005 . Punjab National Bank. ..Plaintiff. Versus Harish Bodhraj Dhawan and others. ..Defendants. Mr. Anirudha Lad i/b Mr. Pankaj Vijayan for the plaintiff. Coram : R. V. MORE, J. Date : January 25, 2010. P. C. : 1. Heard Mr. Lad, learned counsel appearing on behalf of the plaintiff. None appears on behalf of the defendants. 2. This summary 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.4,04,147/- together with further interest @ 10.5 % p.a. on this amount from the date of filing the suit till its realisation. The defendants are served by way of substituted service and affidavit of one Mr. Satyajit, clerk attached to the office of the plaintiff's attorney is also filed. At annexure-"A" of the said affidavit is the copy of daily newspaper "Free Press Journal" dated 30th November 2007. The plaintiff has also sent to the defendants the summons of the suit under the certificate of posting on 5th September 2007. The said certificate of posting is annexed at annexure-B to the said affidavit. 3. In view of the affidavit and annexures thereto, I am satisfied that the defendants are served. However, the defendants have not put their appearance in the present suit and therefore the suit is heard ex-parte in the absence of the -: 2 :- defendants. 4. The plaintiff is bank constituted under the provisions of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. The defendant no.1 approached the plaintiff - bank for housing loan to the extent of Rs. 3,74,000/- and after scrutinising the papers, bank advanced loan of Rs. 3,74,000/- to the defendant no.1. The defendant nos. 2 & 3 stood guarantors for the said loan. This amount of loan was to be repaid in 240 equated monthly installments of Rs.3,600/- each. To secure re-payment of loan amount, defendant created equitable mortgage by way of deposit of title deeds of the flat. The defendant nos. 2 & 3 also executed agreement of guarantee. It is further case of the plaintiff that the defendants were irregular in re-payment of loan amount and as on 31st March 2004 an amount of Rs.,3,74,447/- was due and outstanding from them. 5. The plaintiff also proceeded against the defendants under the provisions of Section 13(2) of Securitisation & Reconstruction of Financial Assets and enforcement of security Interest Act, 2002. However, the said notice returned back with the remark "unaccepted" by the defendant nos. 1 & 2. In above facts and circumstances, the suit is filed on the basis of statement of accounts as on 31st March 2005 for recovery of an amount of Rs.4,04,147/-. 6. I have perused the plaint and the original documents filed by the plaintiff, namely, Original of application form for housing loan dated 12th January 2003 (Exhibit-A), Original sanction letter dated 27th January 2003 (Exhibit-B), Original Agreement for Housing loan 27th January 2003 (Exhibit-C), Original letter evidencing deposit of title deeds dated 27th January 2003 (Exhibit-D), Original -: 3 :- agreement of guarantee 27th January 2003 (Exhibit-E) and True copies of account statement certified under Bankers Book Evidence Act, 1891 till 30th March 2005 (Exhibit-F). 7. The case of the plaintiff is substantiated by the documents mentioned above. I am therefore of the opinion that the plaintiff has proved its case. Apart from this, the suit also deserves to be decreed in view of the provisions of Order- XXXVII, Rule-2(3) of the Code of Civil Procedure, 1908, inasmuch as by not putting their appearance in the above suit, the defendants deemed to have admitted the plaintiff’s case. I, therefore, dispose of the suit by passing following order. : O R D E R : Suit is decreed in terms of prayer clauses (a) and (b). Decree be drawn up accordingly. (R.V. MORE, J.)