1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2863 OF 1985 Ampi Agencies Pvt. Ltd. ....Plaintiff V/s. M/s.Popular Metal Works & Rolling Mills ....Defendant Mr.Avinash Joshi i/b Mulla & Mulla & C. B. & C. for the Plaintiff. None for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 16TH DECEMBER, 2009. P.C. :- 1. Though the directions for filing the written statement were issued on 19.11.1987, no written statement has been filed. 2. The suit is filed to recover an amount of Rs.2,15,528=70 ps. together with interest on the sum of Rs.73,719/- at 18% p.a. from the date of the suit till payment. 3. The suit is based on an account stated and settled. At the foot of the Plaintiff’s letter dated 3.1.1984, the Defendant confirmed that a balance of Rs.1,50,000/- shown in the Plaintiff’s books of account as on 30.6.1983 was correct. The Defendant further confirmed that the said amount was also shown as the balance due to the Plaintiff in their books of account. The Defendant further confirmed that they had not paid any interest on the said amount from 1.4.1981 to 30.6.1983. 4. From the record, it appears that there is nothing that militates 2 against the Plaintiff’s claim in suit. There is no written statement. This is a fit case to accept the averments and submissions in the plaint as correct in the absence of the written statement. 5. In the circumstances, the suit is decreed as prayed. Refund as per rules.