1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 429 OF 2009 State Bank of India. ... Plaintiff. V/s. Narshiv Sadanand Prabhu & Anr. ... Defendants. Mr. Prasad Das i/b. Goenka Law Assoc. for the Plaintiff. None for the Defendants. CORAM : S.C. DHARMADHIKARI,J. DATED : 22nd SEPTEMBER 2009. P.C. :- This is a Summary Suit filed by the Plaintiff – Bank on a written contract. It is the case of the Plaintiff – Bank that Defendant No.1 – Borrower approached him for a personal loan. The personal loan was granted on 2nd May 2005. The personal loan application form, together with arrangement letter, personal loan agreement constitute the written contract in so far as the borrower is concerned. In consideration of the personal loan granted to the First Defendant, the Second Defendant executed a deed of guarantee on the same date. In terms of the facilities granted, the amounts as disbursed are duly reflected in a statement of account maintained by the Plaintiff in their ordinary course of business. The Defendant has confirmed the amount at the foot of the same. The statement is duly certified as per the Banker’s Books Evidence Act. Thus, the balance has been duly admitted and 2 confirmed. Although, repeatedly, demands were raised, there is no payment made after 26th December 2006. That is the last payment made by the First Defendant. It is, in such circumstances that the instant Suit is filed as a Summary Suit under Order XXXVII of the Code of Civil Procedure. The writ of summons was duly served but the Defendants have failed to file their appearance. In such circumstances, the Plaintiff is entitled to a Judgment and Decree in their favour. 2. I have satisfied myself from the averments in the plaint and the original documents that the suit claim is maintainable under Order XXXVII of the C.P.C. Further, it is not barred by limitation on account of the un-controverted and undisputed averments in paragraph 13 of the plaint. In terms of paragraph 12 of the plaint, the averments which have also not been denied, the entire cause of action has arisen in Bombay, this Court has, therefore, jurisdiction to entertain and try this Suit. 3. The original documents are taken on record and marked ‘X’ collectively. Since there is no denial of the Suit claim and no dispute is raised with regard to the liability, the Suit is decreed as prayed. Advocate’s costs to be computed as per Rules. Refund of Court fees as per Rules. (S.C. DHARMADHIKARI,J.)