1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.1002 OF 2007 Vijaya Bank. ...Plaintiff. Vs. M. Poopal Alagan & Anr. ...Defendants. .... Mr. O.S. Kutty i/b. B.S. Shetty for the Plaintiff. None for the Defendants. ..... CORAM :DR.D.Y.CHANDRACHUD, J. March 25, 2008. P.C.: The suit under Order 37 of the Code of Civil Procedure, 1908, has been instituted for the recovery of monies due and outstanding as against a short term loan in the amount of Rs. 1.30 lakhs advanced by the Plaintiff to the First Defendant. The Second Defendant has been sued in his capacity as a guarantor. The First Defendant agreed to repay the loan with interest at 12.5% per annum in 60 equated monthly instalments of Rs.2,925/- commencing from 22nd November 2003. Defaults have been committed commencing 2 from the month of September 2004. The First and Second Defendants have executed various documents including (i) A receipt dated 22nd October 2003 executed by the First Defendant acknowledging receipt of the loan; (ii) A demand promissory note executed by the First Defendant; (iii) A delivery note executed by the First Defendant; (iv) Authority letter executed by the First Defendant; and (v) A letter of guarantee executed by the Second Defendant. Despite several notices, the amount due and outstanding has not been paid. Accordingly, the suit has been instituted for the recovery of the amount of Rs.1,53,720/- together with interest. The Defendants have failed to enter appearance despite service of the Writ of Summons. The suit has accordingly been listed for an ex-parte decree. The Plaintiff has relied upon a compilation of the original documents which is taken on record. The claim in the suit is duly proved on the basis thereof. The suit falls under the purview of Order 37 since it is based on a written contract. The suit is within limitation. Even otherwise the Defendants having failed to enter 3 appearance, the Plaintiff is entitled to a decree as prayed under Order 37 Rule 2(3) of the Code of Civil Procedure, 1908. The suit shall accordingly stand decreed in terms of prayer clause (a). The Plaintiff will be entitled to the costs of the suit. Refund of the Court fee, if any, as per rules. .....