sanjay 1 s-2135.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 2135 OF 2010 Bell Finvest (India) Ltd. ... Plaintiff. V/s. 1. Pranali Prashant Sawant. 2. Prashant Vasant Sawant. ... Defendants. Rupesh D. Sohoni for the Plaintiff. None for the Defendants. CORAM : D.Y.Chandrachud, J. DATED : 11 March 2011. P.C. : The suit is filed under order 37 of Code of Civil Procedure, 1908. 2. The Plaintiff had granted three loans to the First Defendant: (a) a loan of Rs.2,40,000/- on 12 August 2008; (b) a loan of Rs.3,00,000/- on 20 October 2008; and (c) a loan of Rs.1,50,000/- on 22 December 2008. The Second Defendant was a Guarantor in respect of the loans. In respect of the first two loans, the First Defendant executed promissory notes and in respect of the third loan sanjay 2 s-2135.10 the First Defendant drew a bill of exchange which was accepted by the Second Defendant. Twelve cheques were issued by the First Defendant for each of the loans. A letter of acknowledgment was issued on 22 December 2008. Some of the cheques were dishonoured on presentation. The suit has been instituted for the recovery of the balance due in respect of the three loans after giving due credit of the payments made. 3. The Defendants have been served with a writ of summons, but have failed to enter appearance upon which the suit was listed for ex parte decree. The Plaintiff would be entitled to judgment in terms of the provisions of order 37 rule 6(a) of C.P.C. The Plaintiff has relied upon a compilation of original documents on the basis of which the claim is duly proved. The claim of the Plaintiff falls within the purview of order 37 and is within limitation. 4. The suit is accordingly decreed in terms of prayer clauses (a) and (d) with the modification that the Plaintiff would be entitled to interest at the rate of 9% per annum on the principal sum from the date of the suit until payment or realization. (D.Y.Chandrachud, J.)