1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.444 OF 2007 State Bank of India. ...Plaintiff. Vs. Nandiram Oil Mills & Ors. ...Defendants. .... Mr. Prakash Panjabi for the Plaintiff. None for the Defendants. ..... CORAM :DR.D.Y.CHANDRACHUD, J. March 18, 2008. P.C.: The suit has been instituted for the recovery of moneys lent and advanced by the Plaintiff Bank. The suit is under Order 37 of the Code of Civil Procedure, 1908. The Plaintiff sanctioned a loan of Rs.5 lakhs to the First Defendant in token whereof a Demand Promissory Note, an Agreement of Hypothecation, Guarantee and a partnership letter were executed on 2nd December 2003. There was a failure to repay the outstanding, upon which a notice of demand was issued. 2 The amount having remained due and outstanding, a suit has accordingly been instituted for the recovery of the amount due together with interest. The Defendants have failed to enter appearance despite service of a writ of Summons. An affidavit of service has been filed. The suit has accordingly been listed for ex-parte decree. The suit falls within the purview of Order 37. The Plaintiff has relied upon a compilation of the original documents on the basis of which the claim has been duly proved. Even otherwise, the Defendants having failed to enter appearance, the Plaintiff is entitled to a decree as prayed, under Order 37 Rule 2(3) of the Code of Civil Procedure, 1908. The suit shall accordingly stand decreed in terms of prayer clauses (a) and (b). Refund of Court fees, if any, as per rules. ........