1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION SUIT NO. 1225 OF 1999 International Cargo Couriers Ltd. .... Plaintiff. V/s. M/s. Image & Anr. .... Defendants. ....... Ms. Smita Ranpise for the Plaintiff. None for the Defendants. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 24TH JANUARY 2008. P.C. :- The suit has been instituted for the recovery of an amount of Rs.82,018/- together with future interest. The Defendant has failed to enter appearance despite service of the writ of summons. The suit has accordingly been transferred to the list of the “Undefended Suits”. 2 The Plaintiff had on the instructions of the First Defendant which is a proprietary concern of the Second Defendant forwarded a shipment to Kuwait on “Charges Collect” basis under an Airway bill dated 28th August 1997. The shipment was not claimed by the Defendants' consignee in Kuwait. The Plaintiff issued a notice of non- delivery dated 26th September 1997 to the First Defendant and to its consignee. By letters dated 19th November 1997, 15th January 1998 and 13th February 1998, the Plaintiff informed the First Defendant that in the absence of instructions, the Plaintiff will proceed to dispose of the Cargo and that the Defendant will be responsible for freight charges, demmurage, etc. An invoice dated 24th February 1998 was forwarded to the Defendant in the amount of Rs.67,945/- and the Defendants were called upon to pay the dues by letters dated 11th June 1998 and 13th July 1998. The Defendants denied liability on 18th August 1998. An Advocate's notice was addressed on 28th September 1998. The suit has been filed on 1st February 1999 and is within limitation. 3 The Plaintiff has filed an affidavit seeking permission of the Court to led secondary evidence. In the circumstances set out in paragraphs 3 and 4 of the affidavit, permission to do so is granted. A compilation of documents has been filed. In the absence of any defence on the part of the Defendant, the claim of the Plaintiff has remained to be controverted. The suit shall accordingly stand decreed in terms of prayer clauses (a) and (b) with the modification that the Plaintiff would be entitled to interest on the principal sum due at the rate of 12 % per annum till the date of the suit until payment or realization. ------