*1* ss.2196.09.14.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2196 OF 2009 State Bank of India. ..Plaintiff -Versus- Shivshankar Tiwari and another. ..Defendants .......... Mr.Amol Arote, for the Plaintiff. None for the Defendants. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 16th December, 2010. P.C. 1 This is a summary suit against the Defendant No.1 (borrower) and the Defendant No.2 (guarantor), on the basis of the written contract where-under the Defendant No.1 obtained a personal loan and executed the personal loan agreement and the Defendant No.2 executed the deed of guarantee. 2 It is stated that the Defendant No.1 did not clear the outstanding and therefore, the suit is filed. The Plaintiff states that the amount due and payable is shown at the foot of account in the statement/ book which is maintained by the Plaintiff in its ordinary course of banking business. Further, the certificate under the Bankers Book Evidence Act has been obtained and the liability and the amount due is thus proved. 3 In any event, the suit is based on a written contract which has been admittedly executed and the deed of guarantee as stated above. Both the Defendants are carrying on the business within the territorial jurisdiction of this Court. Further, the suit is filed within limitation. *2* ss.2196.09.14.sxw 4 For all these reasons, there will be a decree as prayed. The original documents are taken on record and marked “X” for identification. The affidavit proving service is also taken on record and marked “X-1”. The decree is passed despite a writ of summons is served, the Defendants failed to appear and defend the claim. Refund of the Court fees as per rules. Advocate costs to be computed as per rules. (S.C. Dharmadhikari, J)