1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.36 OF 2008 IN SUMMARY SUIT NO.1369 OF 2005 The State Bank of Travancore : Plaintiffs. Versus Sunil Mohan Solanki & ors. : Defendants. Mrs.V.K.Srivastava i/by M/s.Consulta Juris for the Plaintiffs. None for the Defendants. CORAM : R.M.SAVANT, J DATED : NOVEMBER 20, 2008 P.C. 1. Heard the learned counsel Mrs.V.K.Srivastava appearing for the Plaintiffs. None appears for the Defendants. The Defendants were also unrepresented on 18th November 2008. Hence the Summons for Judgment was kept today as a last chance. 2. The above suit has been filed by the Plaintiffs against the Defendants claiming an amount of Rs. 1,22,536.00 as per the claim 2 (Exhibit-G) with further interest at the rate of 15.75 per annum compounded with monthly rests from the date of filing of the above suit till actual payment and/or realization and for the costs. 3. The Plaintiffs have filed the following documents in support of their aforesaid claim. Exhibit “A': Copy of the Application dated 2/2/2002 Exhibit “B1” : Copy of the Demand Promissory Note dated 18/02/2002 Exhibit “B2” : Copy of the Demand Promissory Note Delivery Letter dated 18/02/2002 Exhibit “C” : Copy of the Guarantee Agreement dated 18/02/2002 Exhibit “D” : Copy of the Letter of Undertaking dated 18/02/2002 Exhibit “E1” : Copy of the Sanction letter dated 10/02/2002 Exh.E2, E3& E4 : The letters/reminders to the Defendants to pay dues Exhbit “F” : Copy of the Notice dated 03/06/2004 calling 3 upon the Defendants to make payment or otherwise the Plaintiffs would be constrained to file the proceedings. 4. In the light of the aforesaid documents as also considering the fact that none appears for the Defendants, the suit would have to be decreed considering the provisions of Order XXXVII Rule 3(6)(a) of the Code of Civil Procedure. Hence the following order :- :ORDER: 1. The above Summons for Judgment is made absolute. 2. The Suit No.1369 of 2005 is decreed in terms of prayer clause (a) with costs. 3. Suit is accordingly disposed of. 4. Refund of Court fees be paid in accordance with rules. 5. Decree to be drawn up accordingly. [R.M.SAVANT, J]