1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.962 OF 2007 State Bank of India. ...Plaintiff. Vs. Aruna Yashwant Pagare. ...Defendant. .... Mr. Prakash Panjabi i/b. Prakash Panjabi & Co. for the Plaintiff. None for the Defendant. ..... CORAM :DR.D.Y.CHANDRACHUD, J. March 25, 2008. P.C.: The suit has been instituted under Order 37 of the Code of Civil Procedure, 1908, for the recovery of an amount due and outstanding under a loan agreement. The loan of Rs.1 lakhs was given by the Plaintiff to the Defendant under and in pursuance of a loan agreement dated 31st October 2002. There was a default on the part of the Defendant. The Defendant executed a revival letter on 14th September 2005. The loan has remained to be due and outstanding despite an Advocate's notice dated 26th December 2006. The Defendant has failed to enter appearance despite 2 service of the Writ of Summons. The suit has accordingly been listed for an ex-parte decree. The Plaintiff has relied upon a compilation of the original documents which is taken on record. The claim in the suit is duly proved on the basis thereof. The suit falls under the purview of Order 37 since it is based on a written contract. The suit is within limitation. Even otherwise the Defendant having failed to enter appearance, the Plaintiff is entitled to a decree as prayed under Order 37 Rule 2(3) of the Code of Civil Procedure, 1908. The suit shall accordingly stand decreed in the sum of Rs.1,04,207.97 upon which the Plaintiff would be entitled to interest at the rate of 9% per annum on the principal sum from the date of the institution of the suit until payment or realisation and to the costs of the suit. Refund of the Court fee, if any, as per rules. .....