1 78 sj.181.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 181 OF 2010 IN SUMMARY SUIT NO. 1827 OF 2009 The Jammu and Kashmir Bank Ltd. ... Plaintiff Versus Dr. Vijay Kumar G. Kher and anr. ... Defendants ----- Mr. V.K.Sharma for the Plaintiff. None for the Defendant. ----- CORAM : A.S.OKA, J. DATE : 14 th January, 2011. JUDGMENT: 1 The affidavit of service of summons for judgment is filed on record, which shows that service has been effected in June, 2010. There is no reply filed. The learned counsel appearing for the Plaintiff has placed on record the original documents including the certified extract of the account. The suit is based of demand promissory note and loan agreement executed by the 1 st defendant as well as letter of guarantee executed by the 2 nd defendant. The letter dated 15 th December, 2007 of 2 78 sj.181.10 the 1 st defendant shows that he had admitted his liability and assured to clear dues by end of January, 2008. 2 In view of clause (a) of sub-rule 6 or Rule 3 of Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiffs are entitled to a judgment. 3 Accordingly, summons for judgment is made absolute and the suit is decreed as prayed with a modification that on a sum of Rs.1,00,300/- interest will be payable at the rate of 12% per annum from the date of the institution of the suit till realization or deposit of the amount. 4 The Plaintiff will be entitled to refund of Court-fees as per the rules. [ A.S.OKA, J ]