1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Summary Suit No.21 of 2009 State Bank of India .. Plaintiff v/s. Saumitrasen Eknath Dhiwar ..Defendant Mr.Prasad Das i/b. M/s. Goenka Law Associates for the Plaintiff. None for the Defendant CORAM : R.Y.GANOO, J. DATED : 17th March, 2010 P.C. : 1. The writ of summons served upon the defendants (Packet sent to defendant, has come back with remark unclaimed). Affidavit of Service dated 29.3.2010 taken on record. The defendant has not filed his appearance within 10 days, hence the suit was kept for ex-parte decree. 2. The original documents are tendered by the learned Advocate for plaintiffs. A personal loan came to be granted to defendant in terms of agreement dated 3.12.2004. The letter dated 22.2.2007 has an effect of 2 acknowledging the liability and extending the period of limitation. Hence institution of the suit in October 2008 is within the period of limitation. 3. I have heard learned Advocate for the plaintiff. Perused the original documents. Plaintiffs are entitled to decree as regards principal amount of Rs.2,19,476/- . So far as the interest is concerned, the plaintiffs prayer for interest at the rate of Rs.14.5 per annum with monthly rests can’t be granted. It will have to be on annual basis. Accordingly, following decree is passed. i) Defendant do pay to plaintiffs Rs.2,19,476/-. ii) Defendant do pay to plaintiffs interest at the rate of 14.5% per annum on Rs.2,19,476/- from 1.11.2009 upto the date of passing of the decree. iii) Defendant do pay to plaintiffs interest at the rate of Rs.12% per annum on Rs.2,19,476/- from the date of decree till realization. iv) Defendant do pay to plaintiffs costs of this suit. v) Refund of Court fees as per rules be granted. [R.Y.GANOO, J.]