1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1282 OF 1982 . M/s.Tube Weld Engineering Works Pvt. Ltd. : Plaintiffs versus M/s.Indian Oil Corporation Ltd. : Defendants. Ms.Sheetal Shah i/by Mehta Girdharilal for the Plaintiffs None for the Defendants. CORAM : R.M.SAVANT, J DATED : NOVEMBER 18, 2008 P.C. 1. The Plaintiffs carry on business inter alia as fabricators and manufacturers of super heater, economiser and heat exchanger elements, coil, high pressure steam pipes and fittings, etc. 2. The Defendants, who are a Government company and engaged in manufacturer and supply of petroleum products, by a tender dated 6th October 1977, invited quotations for fabrication and supply to the Defendants of economiser coils at its Barauni Refinery 2 in District Begusaria, Bihar. Pursuant to the said tender, the Plaintiffs submitted their quotation on 27th October, 1977 offering to fabricate and supply the said coils on the terms mentioned therein. The Defendants thereafter issue a Purchase Order dated 20th February 1978 to the Plaintiffs for the said economiser coils of the quantity and quality and specifications mentioned therein. In terms of the tender, the Plaintiffs submitted their drawings of the said economiser coils to the Chief Inspector of Boilers of the State of Bihar and to the Chief Inspector of Boilers of Maharashtra and thereafter sent to the Defendants for their approval. 3. The Plaintiffs, by their letter dated 13th July 1978 informed the Defendants that the drawings had been received from the Chief Inspector of Boilers, Bihar duly approved by him and requested the Defendants to approve the same early. This was in view of the fact that no time period was mentioned in the tender conditions. Thereafter a meeting was held between the parties on 7th November 1978 at which meeting a representative of the Plaintiffs and the representative of the Defendants were present. It was agreed in the 3 said meeting that 35 to 36 coils would be delivered by 30th November 1978/2nd December, 1978 and the balance quantity of coils would be delivered by 15th December 1978. The Plaintiffs accordingly dispatched 38 coils on 14th January 1979 and informed the Defendants that the balance quantity would be dispatched shortly. Thereafter the Plaintiffs by their letter dated 27th February 1979 that in all 41 coils had been dispatched to the Defendants on 14th February 1979. 4. The Plaintiffs along with their letter dated 5th April 1979 forwarded to the Defendants the final bill for Rs.3,70,605/- being the price for the coils duly approved and accepted by the Defendants and also a Debit Note for Rs.17,817.55 in respect of the excise duty payable by the Defendants. Since the Defendants failed to make the aforesaid payment, the Plaintiffs by their two telegrams dated 10th April 1979 and 24th April 1979 requested the Defendants to make payment. Pursuant to the said telegrams, the Defendants forwarded to the Plaintiffs a cheque for Rs.3,51,212.05 which was received by the Plaintiffs on 10th May 1979 against the total dues of 4 Rs.3,88,422.55. The Defendants deducted a sum of Rs.37,060.50 as penalty because of alleged late deliveries of the said coils. The Plaintiffs have, therefore, filed the instant suit for recovery of the sum of Rs.56,882.50 ps which includes the amount of Rs.37,060.50 ps deducted by the Defendants as the penalty for alleged late deliveries on the part of the Plaintiffs. 5. The Plaintiffs have filed the documents in support of their claim. The above suit is uncontested as no written statement has been filed by the Defendants. The claim of the Plaintiffs has, therefore, gone unchallenged and uncontroverted. The above Suit is, therefore, required to be decreed in terms of the Order VIII Rule 10 of the Code of Civil Procedure. So far as interest on 37,060.50 from 4th May 1982 is concerned, the learned counsel for the Plaintiffs fairly states that the Bill provides interest at the of 12% per annum. Therefore, the interest from 4th May 1982 till realisation would be at 12% per annum from 4th May 1982. Hence I pass the following order :- 5 ORDER 1. The suit is accordingly decreed in terms of prayer clause (a) subject to correction that the interest payable from 4th May 1982 onwards till realisation on the sum of Rs.37,060.50 would be at the rate of 12% per annum 2. Decree be drawn up accordingly. [R.M.SAVANT, J]