1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

SUMMARY SUIT NO.2156 OF 2009

Bank of India

.. Plaintiff

Versus

Laxmikant J. Dhotre & Anr.

.. Defendants

Mr.J.Girish Nair for plaintiff.

CORAM : S.C.DHARMADHIKARI, J.

DATE : December 18, 2009.

P.C.:

1]

The suit is by a bank against both, the borrower and guarantor. The

borrower has executed a demand promisory note whereas the guarantor

has signed and executed the deed of guarantee. All this was in pursuance

of a written application for loan and on the terms and conditions being

agreed.

2]

In the light of the default committed by the defendants that a

demand notice was issued to both borrower and guarantor and ultimately

this suit is filed. From a reading of the averments in the plaint, I am

satisfied that the claim is maintainable under Order XXXVII of the C.P.C.

2

From a perusal of the original documents I am further satisfied that the

plaintiff can recover a sum of Rs.1,36,401/- as per the particulars of

claim.

3]

From the uncontroverted averments and more particularly in paras

15 and 16 of the plaint and finding that the claim is within limitation, I

take the original do