1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.573 OF 1997 M/s. BASP Chemical Products Ltd. ..Plaintiff. Vs. M/s. Ridhi Enterprises ..Defendant. .... Mr. D.R. Jhuriya for the Plaintiff. None for the Defendant. .... CORAM: DR. D.Y. CHANDRACHUD, J. 5th May, 2009. P.C. : The suit has been instituted for the recovery of monies due and payable for goods sold, supplied and delivered by the Plaintiff to the Defendant. The Plaintiff sold and delivered to the Defendant Caustic Soda Flex under 15 transactions until 27th May, 1994. An account is stated to have been maintained in the regular course of business. After adjusting all receipts a balance of Rs.3,49,740/- was due and payable as on 20th December, 1996 at the foot of the account. The interest at the 2 rate of 24% which is the agreed rate under the invoices of the Plaintiff was computed at Rs.2,14,510/- till 20th December, 1996 and an aggregate amount of Rs.5,64,250/- is alleged to be due and payable. The Defendant has been served with the writ of summons, but has not entered appearance. In the circumstances, the suit has been transferred to the list of undefended suits. The Plaintiff has relied upon a compilation of documents which contains (i) the statement of account pertaining to the transaction of the Plaintiff with the Defendant and (ii) an advocate’s notice dated 4th October, 1995 to the Defendant. There being no contest, the pleadings and the documentary material placed on the record have gone uncontroverted. The suit shall accordingly stand decreed in terms of prayer clauses (a) to (c) subject to the modification that the Plaintiff would be entitled to interest at the rate of 9% per annum on the principal sum of Rs.3,49,740/- from the date of the institution of the suit until payment or realization. *****