1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.406 OF 2007 Vijaya Bank. ...Plaintiff. Vs. Baban Walu Thawle & Anr. ...Defendants. .... Mr. O.S. Kutty i/b. B.S. Shetty for the Plaintiff. None for the Defendants. ..... CORAM :DR.D.Y.CHANDRACHUD, J. March 18, 2008. P.C.: This is a suit instituted by the Plaintiff Bank under Order 37 of the Code of Civil Procedure, 1908 for the recovery of moneys lent and advanced. The First Defendant who was the borrower had expired and the suit stands abated as against him. The suit has now been proceeded with as against the Second Defendant who is the guarantor. A loan was granted in the amount of Rs.78,000/- to the First Defendant on 15th January 2004 which was to be repaid in sixty equated monthly instalments of Rs.1755/-. The Second Defendant 2 has executed a guarantee dated 15th January 2004. The amount of the loan has not been repaid despite a notice of demand. The Second Defendant has failed to enter appearance despite 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 Second Defendant has executed guarantee. 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 Second 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 as prayed as against the Second Defendant with interest at the rate of 12.5% which is the contractual rate of interest. Refund of Court fees, if any, as per rules. ........