: 1 : SD IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUMMARY SUMMARY SUMMARY SUIT NO.2978 OF 2008 SUIT NO.2978 OF 2008 SUIT NO.2978 OF 2008 State Bank of India ...Plaintiffs V/s. Arun Dharma Kirtawade & Anr. ...Defendants Mr.Ravi Goenka i/b. Goenka Law Associates for the Plaintiffs. None for the Defendants. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATE DATE DATE : 17TH FEBRUARY, 2009. : 17TH FEBRUARY, 2009. : 17TH FEBRUARY, 2009. P.C.: P.C.: P.C.: 1. The Plaintiffs-Bank filed this suit for recovery of defaulted personal loan taken by the Defendant No.1 for which the Defendant No.2 stood guarantor. The Defendant No.1 took loan of Rs.1 lac on 22-3-2004. The Defendants executed necessary documents in favour of the Bank. The Defendant No.1 intermittently paid instalments and the last one was paid on 5-7-2007. Thereafter the Defendant No.1 committed default. Despite legal notices given to Defendant No.1, the amount remained unpaid. Thereafter the suit came to be filed. Although the summons were served on both the Defendants, They remained absent. Whatever is stated in the plaint : 2 : has thus gone unchallenged on record. The Plaintiffs have filed original documents on record in support of their case. The case of the Plaintiffs deserve to be believed. 2. The suit stands decreed as prayed for. However the rate of interest to be payable on the sum due shall be @ 6% p.a. from the date of filing of the suit till the amount is realized. 3. Office to refund the court fee as per the rules. [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]