*1* ss.1046.09 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1046 OF 2009 Dena Bank. ..Plaintiff -Versus- Sunil D. Patil and another. ..Defendants .......... J.K.Bhatia, for the Plaintiff. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 26th November, 2010. P.C. 1 This is a summary suit based on the written contract as evidenced by the documents, originals of which are produced on record. 2 On the basis of the application made, the Defendant No.1 was sanctioned a personal loan facility which facility was guaranteed by the Defendant No.2. The amount of loan was not repaid by both of them. The letters of demand have not been responded. In such circumstances, the Plaintiff bank has filed this summary suit. 3 From reading of the plaint and on perusal of the original documents, I am satisfied that the claim of the Plaintiff is maintainable under Order XXXVII of the Civil Procedure Code. It is based on the written contract. The Plaintiff has satisfied the Court that the Defendants are residing within the territorial jurisdiction of this Court. Therefore, on both counts namely maintainability and jurisdiction, this suit is properly filed in this Court. Further the Plaintiff has satisfied me that the claim is not barred by limitation. 4 For all these reasons, the original documents and the affidavit *2* ss.1046.09 proving service are taken on record and marked “X” and “X-1” respectively for identification. The suit is decreed as prayed. The Advocate’s costs be computed as per rules. Refund of the Court fees as per rules. (S.C. Dharmadhikari, J)