1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.3304 OF 2007 State Bank of India ..Plaintiff. Vs. Aghiwane Bhagwan Kashinath .. Defendant. ... Mr. Prasad Das i/b Goenka Law Associates for the Plaintiff. None for the Defendant. .... CORAM: DR. D.Y. CHANDRACHUD, J. 29th February, 2008. P.C. : The suit under Order 37 of the Code of Civil Procedure, 1908 has been instituted in order to recover a sum of Rs.63,121.25 due as on 31st October, 2007 under a personal loan agreement executed by the Defendant. A loan in the amount of Rs.1,10,000/- was sanctioned by the Plaintiff on 16th November, 2004 in pursuance of the request of the Defendant. The Defendant executed an agreement dated 24th November, 2004 agreeing to repay the amount of the loan by 48 equated monthly installments each of Rs.2,850/- together with interest at 15.75%. The loan was sanctioned and disbursed. As on 31st October, 2000 an amount of 2 Rs.63,121.25 was due and payable at the foot of the account. 2. The Defendant has failed to enter appearance despite service of the writ of summons. The claim is based on a written agreement and falls within the purview of Order 37. The claim is within limitation. Since the Defendant has failed to enter appearance, the Plaintiff would be entitled to a decree under Order 37 Rule 2(3). The Plaintiff has relied upon a compilation of the original documents on which the claim is proved. The suit shall accordingly stand decreed as prayed with the modification that the Plaintiff would be entitled to interest on the principal sum at the rate of 9% from the date of the suit until payment or realization. There shall be a refund of Court fees, if any, as per the rules. *****