1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 95 OF 1994 Bank of Maharashtra ....Plaintiffs Versus Loveraj Deju Karkers & Ors. ....Defendants Ms. Rekha Pendharkar, Advocate for the Plaintiffs. CORAM : R. V. MORE, J. DATE : 27th NOVEMBER, 2009. P.C. : Heard learned Counsel for the Plaintiff. None appears for the Defendants. 2. The above suit is filed under the provisions of Order 37 Rule 2 of the Code of Civil Procedure, 1908 for recovery of an amount of Rs. 73,541/- with interest at the 17.5% per annum. The affidavit of service of one Mr.Pendharkar, discloses that writ of summons alongwith a copy of the plaint was served upon the Defendants. Inspite of the above position, none of the Defendants have put their appearance in the suit. 3. The case of the Plaintiff is that in or about December, 1985, a loan of Rs.82,500/- was granted to Defendant No.1 for purchase of Bajaj Matador Tempo and the Defendant Nos. 2 & 3 were the guarantors. Various documents were executed by the Defendant No.1 in favour of the the Plaintiff/Bank. It is the case of the Plaintiff that the Defendants from time to time acknowledged their 2 liability under the said terms. Inspite of notice dated 8th April, 1993 addressed to Defendant Nos. 1 to 4 calling upon them to pay the balance amount of Rs. 53,209/- then due and payable, the Defendants neglected and failed to pay the said amount and therefore, the present suit is filed. The Plaintiff has tendered compilation of original documents. The said documents are referred and relied upon in the plaint. The documents are accepted and marked as Exhibit “P-1 collectively” for identification. I have gone through these documents. The said documents support the case of the Plaintiff. 4. Since, the Defendants failed to put appearance in the present suit inspite of service on the writ of summons, they deemed to have admitted the contents of the plaint. The suit is therefore, decreed in view of the provisions of Order 37 Rule 3 of the Code of Civil Procedure, 1908 in terms of prayer clause (a). Decree by drawn up, accordingly. Sd/- (R. V. MORE, J.)