1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1787 OF 2004 H.K. Industries .. Plaintiff V/s M/s Dee Square Agency .. Defendant Ms. Pratima Sondalkar i/b J.R. Vakil & Associates for the plaintiff. CORAM : D.G. KARNIK, J. DATE : 17TH JUNE 2009 P.C. : 1. Learned counsel for the plaintiff is present. None present for the defendant. 2. The suit is listed on board for exparte hearing as the defendant has not filed the written statement. The plaintiff has filed on record the compilation of documents and has also filed the affidavit of Mr. Bharat C. Doshi, partner of the plaintiff. 2 3. The case of the plaintiff in short is that as per the order of the defendant, the plaintiff sold, supplied and delivered to the defendant the woven labels and sent the bills/invoices. The defendant failed and neglected to make the payment of the invoices. The plaintiff has therefore filed the suit for recovery of the price of the goods supplied and delivered. 4. The plaintiff has produced on record the office copies of the invoices for the goods supplied as well as the delivery challans. In the affidavit, Mr.Doshi has stated that the woven labels were delivered to the defendant and that invoices and delivery challans are produced on record. The defendant has not entered the witness box to deny the averments made by the plaintiff nor has filed the written statement. The statement made by the plaintiff on oath about the delivery of goods and invoices to the defendant is believed. The value of the goods supplied to the defendant comes to Rs. 31,823/-. The plaintiff has claimed interest on the said sum at the rate of 24% per annum. The invoices mention the rate of interest to be 24%. The plaintiff is therefore entitled to the interest as claimed in the suit upto the date of the suit. Future interest can be granted under section 34 of the Code of Civil Procedure. In my view, granting interest at 9% per annum from the date of the suit would be reasonable. 5. For these reasons, I pass the following order: (a) The suit of the plaintiff is decreed with costs. The defendant shall pay 3 to the plaintiff the sum of Rs.51,964/- together with interest on the principal sum of Rs.31,823/- at the rate of 9% per annum from the date of the suit till payment or realisation. (D.G. KARNIK, J.)