1 12.ss-1175-07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 1175 OF 2007. The Jammu & Kashmir Bank Limited, having its corporate head quarters at M.A.Road, Srinagar, Jammu & Kashmir State, and Zonal Office at 601-602, ‘The Eagle Flight’ Andheri-Kurla Road, Andheri (E), Mumbai and amongst others a branch office at 182, Ashra, T.P.S.III, Water Field Road, Bandra (W)-400 050. ..Plaintiffs. vs. 1. Gopal Sharma, S/o. Mr. Ambalal Sharma, residing at Flat No. 404/B, Liberty Corner, Mira Road (E), District Thane. 2. Rakesh Kumar Singh, S/o. Mr.Jayram Singh, residing at Flat No.207/B, Liberty Corner, Mira Road (E), District Thane. 3. Jhonson D’Souza, S/o. Michael D’Souza, residing at Flat No.A/302, Sundaram, Evershine Enclave, Mira Road (E), District Thane. ..Defendants. .... Mr. V.K. Sharma, for Plaintiff. None for Defendants. .... CORAM : S.J. KATHAWALLA, J. DATE : 6TH MAY 2011. JUDGMENT : The Plaintiffs have in the above Suit sought a decree and order against the Defendants for a sum of Rs.72,873/- to pay jointly 2 12.ss-1175-07 and severally to be ordered to pay along with interest on the principal amount of Rs.63,078/- at the rate of 11.50 % per annum for such other rate as this Court may deem fit and proper from the date of the filing of the Suit, till decree and thereafter till realisation and the costs of the Suits. The Plaintiffs have filed their Affidavit proving service dated 29th August 2007 of the writ of summons on the Defendants. Before passing ex-parte decree, this Court had directed the Court office to issue notice to the Defendants which were issued. However, the same has been returned back unserved by the postal authorities with the remark ‘returned unclaimed’. 2. The Suit filed by the Plaintiffs is based on the Demand Promissory Note dated 5th March 2004, Letter of Guarantee dated 5th March 2004 and Agreement dated 5th March 2004. The Plaintiffs have placed the documents on record. In view of Sub-Rule (3) of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiff is forthwith entitled to a Decree against the defendants. 3. Hence, I pass the following order :- (i) The Defendants are ordered and decreed to pay jointly and severally to the Plaintiffs a sum of Rs.72,873/- (Rupees Seventy Two Thousand Eight Hundred Seventy Three Only) along with simple interest at the rate of 11.50% per annum on the principal amount of Rs.63,078/- from the date of filing of the Suit till 3 12.ss-1175-07 payment or realisation. (ii) The Defendants shall pay to the Plaintiffs the costs of this Suit. (iii) Plaintiffs are entitled to refund of Court fees, if any as per Rules. 4. The Suit is accordingly disposed of. [ S.J. KATHAWALLA, J. ]