1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Summary Suit No.3302 of 2007 UCO Bank .. .. Plaintiff v/s. Maruti Balkrishna Bane & ors. .. Defendants Mrs.M.R. Patel for Plaintiff. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 6 th January 2009 P.C. : 1. The Plaintiff has sued for recovery of Rs.1,29,295/- with interest at the rate of 14% per annum with monthly rest and penal interest at the rate of 2% per annum on overdue installments from the date of filing of the Suit till payment. Such interest can be granted only on the principal amount. The Writ of Summons has been served through personal service upon the Defendants on 1.2.2008 and 5.2.2008. The Plaintiff has filed an Affidavit of service. The defendants have not entered appearance. The Plaintiff has tendered the original documents in respect of the loan granted upon the Defendants' application Form dated 26.5.2004. The Defendants have executed, inter alia, the agreement relating to the term loan, the promissory note and the confirmation of acknowledgment. Defendant Nos.2 and 3 have also executed the guarantee in favour of the Plaintiff. The 2 Plaintiff has maintained the Defendants' account in the Plaintiff's books. The Defendants have not entered appearance and not controverted the Plaintiff's claim. The Plaintiff has tendered the original documents. They are taken on record and marked Exhibit- A (collectively). 2. The Plaintiff's Advocate states that on filing of the Suit, Rs.19,000/- have been paid by the Defendants. The Suit is decreed as prayed for a sum of Rs.1,29,295/- with interest at the rate of 14% per annum on the principal sum of Rs.1,00,000 /- . Credit shall be given to the Defendants for Rs.19,000/- paid by the Defendants. 3. The Plaintiff shall be entitled to the return of the original documents upon production of xerox copies thereof. (SMT.ROSHAN DALVI, J.)