-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1902 OF 2008. Vijaya Bank. ..Plaintiff. Versus Bansraj Munilal Yadav & Anr. ..Defendants. Mr. O. S. Kutty i/b B. S. Kutty for the plaintiff. Coram : R. V. MORE, J. Date : January 15, 2010. P. C. : 1. Heard Mr. Kutty, learned counsel appearing on behalf of the plaintiff. He submits that the defendants are duly served and service affidavit to that effect is also filed. I have also perused the affidavit-of-service and service report. Both the documents do show that the defendants are served. Inspite of service none appears on their behalf, and therefore this suit is placed on board today for ex-parte decree. 2. The plaintiff has filed the above suit under the provisions of Order- XXXVII, Rule-2 of the Code of Civil Procedure, 1908 against the defendants for recovery of an amount of Rs.1,26,195.18 paise alongwith interest @ 12.5 p.a. on principal sum of Rs.1,10,639/-. 3. The plaintiff is a nationalised bank constituted under the provisions of Banking Companies (Acquisition and transfer of undertakings) Act, -: 2 :- 1980. The defendant nos. 1 & 2 are the employees of the Central Railway. The first defendant approached the plaintiff in the month of November 2003 for short term personal loan of Rs.1,30,000/- for meeting his urgent domestic needs and the defendant no.2 agreed to stand as guarantor for the repayment of said loan. In pursuance of this request of the defendant no.1, the plaintiff granted short term personal loan of Rs. 1,15,000/- to the defendant no.1. This amount was disbursed on 21st November 2003. To secure the due repayment of the loan, the defendant nos. 1 & 2 have executed (i) Receipt, (ii) Demand Promissory Note, (iii) Delivery Note and (iv) Authority Letter all dated 21st November 2003. The defendants agreed to pay the amount of loan in 60 monthly installments of Rs.2,587/-. The defendants, however, paid only 3 installments and thereafter stopped making repayment. The plaintiff thereafter gave a legal notice dated 21st February 2006 to the defendants calling upon them to repay the outstanding loan amount. In reply of this notice, the defendant no.1 has given an acknowledgment of his liability on 11th October 2006. 4. The defendant no.1 thereafter deposited Rs.20,170.99 paise only and neglected to make repayment of balance loan amount. The plaintiff thereafter again issued notice dated 29th January 2008 to the defendants. This notice was not replied by the defendants, and therefore the present suit is filed by the plaintiff for recovery of the amount mentioned above. 5. The averments in the plaint are contested by the defendants either by appearing in the present suit or filing an application for leave to defend. -: 3 :- The plaintiff has tendered a compilation of original documents. I have perused those 12 documents as well as the particulars of claim. I am satisfied that the plaintiff has proved his case. Even otherwise the averments in the plaint are deemed to have been accepted by the defendants in view of the provisions of Order-XXXVII, Rule-2(iii) of the Code of Civil Procedure, 1908. Suit is therefore decreed in terms of the prayer clause (a). Decree be drawn up accordingly. Refund of the Court fees as per Rules. (R.V. MORE, J.)