1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION SUIT NO. 1429 OF 1999 State Bank of Hyderabad. .... Plaintiffs. V/s. Mr. S. Venkata Chari & Anr. .... Defendants. ....... Ms. Sheetal Sonawane i/b. Mrs. Vandana D. Jaisingh for the Plaintiffs. None for the Defendants. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 6TH FEBRUARY 2008. P.C. :- The suit has been instituted for the recovery of monies lent and advanced. The First Defendant is the principal borrower while the Second Defendant is the guarantor. The Plaintiff sanctioned a consumer loan in the amount of Rs.1 lakh to the First Defendant for the purchase of a Computer in pursuance of an application dated 9th 2 December 1997. The First Defendant executed a promissory note and other documents all dated 9th December 1997 together with a deed of hypothecation. The Second Defendant has executed a personal guarantee on 9th December 1997. Despite a notice dated 25th September 1998, the amount due and outstanding was not paid. The Defendants have been served with the writ of summons and an affidavit of service has been filed. No written statement has been filed and the Defendants have failed to enter appearance. The Plaintiff has relied upon an affidavit in lieu of examination in chief. A compilation of documents has been tendered on the record. The claim in the suit is established on the basis of the evidence on the record. The suit is accordingly decreed in terms of prayer Clauses (a) and (e) with the modification that the Plaintiff would be entitled to interest at the rate of 9% per annum on the principal sum from the date of the institution of the suit until payment or realization. 3 ------