IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.16 OF 2008 SUMMARY SUIT NO.16 OF 2008 SUMMARY SUIT NO.16 OF 2008 UCO Bank ..Plaintiff. V/s. Tarun Kumar Giri & Anr. ..Defendants. Mrs.M.R.Patel for plaintiff. None for the defendants. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. DATED : 26TH MARCH, 2009. DATED : 26TH MARCH, 2009. DATED : 26TH MARCH, 2009. P.C. :- P.C. :- P.C. :- 1. The plaintiff has filed this Summary Suit under Order XXXVII of the Civil Procedure Code for recovery of Rs.9,86,917/- with interest as more particularly set out in the statement of claim. 2. The plaintiff had granted cash credit facility to the defendant No.1 from time to time with defendant No.2 as guarantor and in lieu thereof, the defendant No.1 had executed demand promissory note thereby agreeing to repay the amount with interest @ 13% p.a. 3. The defendant No.1, however defaulted in repaying the amounts. The defendant No.1 by its - = : 2 : = - letter dated 13/9/2005 admitted and acknowledged that Rs.7,91,375/- is the outstanding amount due and payable to the plaintiff. In spite of the above, the defendant No.1 failed and neglected to pay the amount. Hence the present summary suit is filed. 4. On perusal of the affidavit of service, it is seen that the defendants are duly served. However, the defendants have neither sought leave to defend nor disputed the suit claim. 5. In this view of the matter, in view of the undisputed claim made in the plaint coupled with the original documents tendered by the plaintiff in support of its claim, I am inclined to grant ex-parte decree. 6. Learned counsel for the plaintiff states that though the interest claimed in the plaint is a @ 13.5% p.a. and penal interest @ 2% p.a., the plaintiff is willing to give up the claim in excess of 13% p.a. as per the terms agreed between the plaintiff and the defendant No.1. 7. In the result, it is declared that the defendants are jointly and severally liable to pay a sum of Rs.9,86,917/- (Rupees Nine lakhs eighty six - = : 3 : = - thousand nine hundred and seventeen only) to the plaintiffs with interest thereon @ 13% p.a. from the date of the filing the suit till the realisation of the entire amount. No costs. 8. The suit is decree accordingly. The plintiff will be entitled to refund of court fees as per rules. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)