1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Summary Suit No.3483 of 2007 UCO Bank .. .. Plaintiff v/s. Sushil Kumar Giri .. Defendant Mrs.M.R. Patel for Plaintiff. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 6 th January 2009 P.C. : 1. The Plaintiff has sued for recovery of Rs.1,87,888/- with interest at the rate of 13.5% per annum with monthly rest and penal interest at the rate of 2% per annum on overdue installments from the date of filing of the Suit till payment. Such interest can be granted only on the principal amount. The Writ of Summons has been served through personal service upon the Defendant on 5.6.2008. The Plaintiff has filed an Affidavit of service. The Defendant has not entered appearance. The Plaintiff has tendered the original documents in respect of the loan granted upon the Defendant's application Form dated 26.5.2004. The Defendant has executed, inter alia, the agreement relating to the term loan, the promissory note and the confirmation of acknowledgment. The Defendant has also executed the guarantee in favour of the Plaintiff. The Plaintiff has 2 maintained the Defendant's account in the Plaintiff's books. The Defendant has not entered appearance and not controverted the Plaintiff's claim. The Plaintiff has tendered the original documents. They are taken on record and marked Exhibit- A (collectively). 2. The Suit is decreed as prayed for a sum of Rs.1,87,888/- with interest at the rate of 13.5% per annum on the principal sum of Rs.2,00,000/- . 3. The Plaintiff shall be entitled to the return of the original documents upon production of xerox copies thereof. (SMT.ROSHAN DALVI, J.)