1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.1600 OF 1999 The Supreme Industries Ltd. ..Plaintiff. Vs. M/s. Vinashri Marketers Pvt. Ltd. ..Defendant. ..... Mr. M.G. Mimani for the Plaintiff. None for the Defendant. .... CORAM: DR. D.Y. CHANDRACHUD, J. 7th February, 2008. P.C. : The suit has been instituted for the recovery of an amount of Rs.39,08,710/- together with interest on the principal sum. The Defendant was appointed as a distributer for the Plaintiff in pursuance whereof goods were sold and supplied by the Plaintiff to the Defendant from time to time. Part payments were received from the Defendant and a running account has been maintained by the Plaintiff in the usual course of business. On the date of the suit an amount of Rs.26,41,700/- remained due and payable. Several cheques issued by the Defendant, respectively on 30th April, 1997, 2nd May, 1997 and 4th May, 1997 were dishonoured on presentation. An amount of Rs.72,678/- has also 2 been claimed on account of difference in sales tax on account of the failure of the Defendant to furnish 'C' forms. By their letters dated 1st April, 1997 the Defendant has admitted its liability. The Defendant has been served with the writ of summons, but no appearance has been filed. The Plaintiff has relied upon an affidavit in lieu of the examination in chief of its General Manager and on a compilation of the original documents on the strength of which the claim has been duly established. The Defendant has acknowledged its liability. In these circumstances, a decree shall have to be passed and is accordingly passed on the principal sum of Rs.27,14,378/- upon which the Plaintiff would be entitled to interest at the rate of 6% per annum from the date of the suit until payment or realization.