1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.2174 OF 1997 Nirlon Ltd. & Anr. ...Plaintiffs. Vs. Surat Goods Transport Services. ...Defendant. .... Mr. Vinayak Sawant i/b. N.K. Kamat for the Plaintiff. None for the Defendant. ..... CORAM : DR.D.Y.CHANDRACHUD, J. July 6, 2009. P.C. The First Plaintiff purchased 360 bags of Caprolactum each of 25 kgs. and entrusted them to the Defendant for carriage to Goregaon (East), Mumbai. The Defendant accepted the consignment and issued a Lorry Receipt dated 15th June 1994. The consignment was insured by the First Plaintiff with the Second Plaintiff. Upon receipt of the consignment, 354 bags were found to be totally damaged and the survey reports of the Surveyor dated 31st October 1994 and 9th March 1995 made a noting to that effect. The First 2 Plaintiff lodged its claim with the Defendant on 11th August 1994, 30th September 1994 and 7th December 1994. The Defendant admitted its liability and issued two damage certificates dated 1st November 1994. The claim was settled in the total amount of Rs.3,63,693/- and a letter of subrogation dated 20th April 1995 was issued. The suit has been instituted for the recovery of an amount of Rs.3,63,393/- together with interest. The Defendant has been served with the writ of summons, but has failed to enter appearance. The claim of the Plaintiffs and the averments contained in the Plaint are not controverted. The Plaintiffs have relied upon an affidavit in lieu of the Examination-in-Chief of the concerned Manager of the Second Plaintiff and on a compilation of the original documents. The claim for recovery has been duly proved on the basis of the evidence on record. The suit shall accordingly stand decreed in terms of prayer clauses (a) and (b) with the modification that the Plaintiffs will be entitled to interest at the rate of 9% per annum from the date of the suit until payment or realization. ....