1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Summary Suit No.1245 of 2007 Housing Development Finance Corporation Ltd. .. .. Plaintiff v/s. Dr.Thomas Joe Carpakavil & ors. .. Defendants Mr.Vishal Kanade with Mr.Shahezad Kazi i/by M/s.Negandhi Shah & Himayatullah for Plaintiff. None for Defendants. ---- CORAM : SMT.ROSHAN DALVI, J. Dated : 16 th December 2008 P.C. : 1. This is a Summary Suit filed by the Plaintiff for recovery of Rs.9,42,197 /- with interest on the principal sum of Rs.1,47,537 /- @ 12.25% per annum thereon from the date of filing of the Suit till payment. 2. The Plaintiff granted the above housing loan to Defendant No.1. Defendant No.1 executed the documents in respect of the loan being his personal and employment details, the letter dated 18.4.2000 of the Plaintiff sanctioning in principle a loan of Rs.6,00,000 /- , a Loan Agreement and the Promissory Note. Defendant Nos.2 and 3 executed a letter of guarantee. The liabilities of Defendant Nos.2 and 3 are co- 2 extensive with that of the principal debtor, Defendant No.1. The loan has not been paid. Hence, the Suit. 3. The Suit is correctly filed upon the written Agreement between the parties as seen from these documents. 4. Defendant No.1 has been served by Registered Post. He has failed to appear. Defendant No.2 has been served by personal service. He has failed to appear. Defendant No.3 has been served by substituted service, by affixation as well as publication. He has also failed to appear. The Suit is decreed as prayed. The original documents are taken on record and marked Exhibit- A (collectively). The original documents shall be returned to the Plaintiff upon production of xerox copies thereof. 5. Refund as per the rules. (SMT.ROSHAN DALVI, J.)