sanjay 1 s-591.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 591 OF 2009 Vijaya Bank. ... Plaintiff. V/s. Asha Rahul Sitaram Thorat, Wd/o. Late Rahul Sitaram Thorat and another. ... Defendants. S.R.Shetty for the Plaintiff. None for the Defendants. CORAM : D.Y.Chandrachud, J. DATED : 11 March 2011. P.C. : The suit has been instituted for the recovery of an amount due and outstanding on account of a personal loan granted to Shri Rahul Sitaram Thorat who was the principal borrower. The borrower died. The First Defendant, who is his widow, is the surviving heir of the deceased. The Second Defendant is a Guarantor. The Plaintiff granted a loan in the amount of Rs.1 lakh to the principal borrower on 23 December 2003. The borrower executed a promissory note, letter of repayment, stamped receipt and authority letter. The Second Defendant sanjay 2 s-591.09 executed a deed of guarantee. The principal borrower executed an acknowledgment of debt on 10 February 2006 and 3 December 2006. The amount of Rs.95,835.29 was due and payable on the date of the institution of the suit. The principal borrower died on 28 July 2006. 2. The Defendants have been served with a writ of summons but have failed to enter appearance. The Plaintiff has filed an affidavit in lieu of examination- in-chief of their Branch Manager. The affidavit contains a recital of all the material facts relating to the transaction. The compilation of original documents has been filed. In the absence of any contest the claim of the Plaintiff has been duly proved on the basis of the oral and documentary evidence on record. 3. The suit is accordingly decreed in terms of prayer clauses (a) and (b) 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 suit until payment or realization. The decree against the First Defendant shall operate in respect of the estate of the principal borrower coming to the hands of the First Defendant. There shall be a refund of court fee as per rules. (D.Y.Chandrachud, J.)