: 1 : SD IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUMMARY SUMMARY SUMMARY SUIT NO.2361 OF 2008 SUIT NO.2361 OF 2008 SUIT NO.2361 OF 2008 State Bank of India ...Plaintiffs V/s. Chandrakant Sonu Rajapkar ...Defendant Mr.Prasad Das i/b. Goenka Law Associates for the Plaintiffs. None for the Defendant. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATE DATE DATE : 5TH JANUARY, 2009. : 5TH JANUARY, 2009. : 5TH JANUARY, 2009. P.C.: P.C.: P.C.: 1. Heard learned counsel appearing for the plaintiffs. The office noting shows that writ of summons under Sub-rule 2 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 108 has been duly served and affidavit of service has been filed. It is stated that no appearance has been entered by the defendant. The original documents on which the reliance is placed by the plaintiffs-bank have been placed on record. 2. This is a usual bank suit. There is practically no defence available to the defendant. Having gone through the original : 2 : documents, I am convinced that the plaintiffs- bank is entitled to a decree in view of Sub-rule 3 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908. However, considering the facts and circumstances of the case, further interest will be payable at the rate of 12% per annum instead of 12.25% per annum with monthly rests. 3. Hence I pass the following order : "O "O "O R D E R" R D E R" R D E R" (i). The suit is decreed in terms of prayer clauses (a) and (b) with modification that further interest will be payable at the rate of 12% per annum. (ii). The plaintiffs will be entitled to refund of Court fees as per the rules. (iii). Certified copy is expedited. [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]