1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.3122 OF 2007 All Bank Finance Limited ..Plaintiff. Vs. Nimishambha Transport Corpn. and others ..Defendants. .... Mr. Prasad Das i/b Goenka Law Associates for the Plaintiff. None for the Defendants. .... CORAM: DR. D.Y. CHANDRACHUD, J. 29th February, 2008. P.C. : 1. The suit in the present case has been instituted under Order 37 of the Code of Civil Procedure, 1908 for the recovery of an amount of Rs.23,21,280.08 with interest. The First Defendant is a partnership firm registered under the Partnership Act and had approached the Plaintiff for a hire purchase finance facility in the amount of Rs.45 lacs by a letter dated 23rd June, 2000. On 24th August, 2000 the Plaintiff sanctioned a loan of Rs.45 lacs in favour of the First Defendant. The loan was availed of by the First Defendant. Among the documents executed by the Defendants are : i) a hire purchase agreement dated 29th August, 2000 2 executed by the First Defendant; ii) a demand promissory note dated 29th August, 2000 executed by the First Defendant through its partners in the amount of Rs.24 lacs with interest at 19% per annum; iii) a demand promissory note dated 8th September, 2000 executed by the First Defendant through its partners in the amount of Rs.10 lacs with interest at 19% per annum; iv) a demand promissory note dated 5th October, 2000 executed by the First Defendant through its partners in the amount of Rs.7 lacs with interest at 19% per annum; v) a memorandum of entry dated 29th August, 2000 and an agreement to create a mortgage executed by the Fifth Defendant; vi) deeds of guarantee executed on 29th August, 2000 by Defendants 2 and 5. 2. The Plaintiff issued a notice of demand on 2nd July, 2007 despite which the transaction in the hire purchase account were not regularized. An amount of Rs.23,21,280.08 was due and outstanding as on the date of the institution of the suit. 3. The Defendants have not entered appearance despite 3 service of the writ of summons. The Plaintiff has relied upon a compilation of the original documents which is placed on the record. Since the Defendants have failed to enter appearance, the Plaintiff would be entitled to a decree under Order 37 Rule 2(3). The claim falls within the purview of Order 37 since it arises under a written contract. The claim is within limitation. The suit shall accordingly stand decreed in terms of prayer clauses (a) and (b) with the modification that the Plaintiff will be entitled to interest at the rate of 9% per annum on the principal sum from the date of the suit until payment or realization. There shall be a refund of Court fees, if any, as per the rules. *****