IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 56 OF 2009 State Bank of India ..... ..... ...Plaintiff V/s Bhushan H. Sawant & Ors. ..... ..... ...Defendants. Mr.P.Das i/by Goenka Law Associates, Adv. for the plaintiff. None for the defendants. CORAM: A.P.DESHPANDE, J. 9th June, 2009. PC: This is a summary suit filed under order 37 of Code of Civil Procedure by the plaintiff-State Bank of India. The suit is for recovery of an amount of Rs.2,09,469/- together with future interest @ 13.6% p.a. 2. According to the plaintiff the defendant No.1 is the borrower who had availed personal loan from the plaintiff-bank whereas defendant No.2 is the guarantor for the personal loan advanced by plaintiff to defendant No.1. The plaintiff advanced sum of Rs.1 lac to defendant No.1 on 22.4.2003. The loan application form is placed on record. The loan was sanctioned and the letter of sanction which contains terms and conditions is filed at Ex.C. The defendants were to repay the amount in 48 equal monthly installments of Rs.2,720/-. However the defendants have failed to repay the amount. A copy of personal loan agreement dated 23.4.03 is filed at Ex.D. Defendant No.2 has executed the deed of guarantee on the same date which is filed at Ex.E. As the defendants defaulted in payment of monthly installments the plaintiff after issuing demand notice has instituted the present suit for recovery of amount due from the defendants. Despite service of summons defendants have failed to enter the appearance. As the defendants have failed to enter their 1 appearance either in person or by an advocate the consequences provided for in order 37 Rule 2 need to follow. The consequence of default of defendants in entering the appearance which is provided by sub-rule 3 of rule 2 is that the allegations made in the plaint shall be deemed to be admitted by the defendant and the plaintiff shall be entitled to a decree. The original documents are placed on record including personal loan agreement executed by defendant No.1 and letter of guarantee executed by defendant No.2. Having regard to the provision of order 37 rule 2 the suit deserves to be decreed. In the result I pass the following order: i)Suit is decreed in favour of plaintiff and against the defendants. ii)The defendants shall pay a sum of Rs.2,09,469/- to the plaintiff. iii)The defendant shall pay interest @ 13.6% p.a. to the plaintiff from the date of filing of the suit till realization. iv)Defendants shall pay costs of the suit to the plaintiff. Decree be drawn accordingly. 9.6.2009. 2