1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2832 OF 1994 The Mahanagar Telephone Nigam Ltd. ..Plaintiffs. V/s. Shri S.P.Sharma. ..Defendant. Mr.Jyoti Thakkar for plaintiffs. None for Defendant. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 7, 2008. DATE : MARCH 7, 2008. DATE : MARCH 7, 2008. P.C. : P.C. : P.C. : 1. None appears for the Defendant though served. No Written Statement has been filed so far. The Suit has been notified to proceed exparte against the Defendant. 2. The Plaintiffs have filed affidavit of evidence and list of documents to substantiate their claim for recovery of amount in respect of outstanding Telephone Bills payable by the Defendant, aggregating in the sum of Rs.45,426/-(Rs.Forty five thousand Four Hundred Twenty six only). The documents produced by the Plaintiffs would support the case of the Plaintiffs that the Defendant is liable to pay the said amount; and inspite of 2 repeated demands, has failed and neglected to pay the same. The case made out in the plaint is reiterated in the affidavit of evidence sworn by Mr.Rama Venugopal, Accounts Officer TR, who is authorised to depose before this Court on behalf of the Plaintiffs. The Defendant has neither bothered to appear before the Court inspite of being duly served, nor has chosen to file any Written Statement to dispute the claim of the Plaintiffs. 3. In the circumstances, I have no hesitation in decreeing the suit in so far as the principal outstanding amount claimed by the Plaintiffs for sum of Rs.45,426/-(Rs.Forty five thousand four hundred twenty six only). 4. In so far as, the claim of interest at the rate of 18% per annum, as demanded by the Plaintiffs, it is fairly accepted that there is no agreement between the parties for the said rate of interest in case of delayed payment. It is also seen from the record that the telephone was provided for residential premises. There is nothing to indicate that the Telephone was used for commercial activities. In this backdrop, I am inclined to grant interest on the principal amount at the rate of 12% 3 per annum from the date of filing of the Suit to the date of the decree instead of 18% per annum, as demanded by the Plaintiffs. The Plaintiffs are also entitled to further interest on the principal amount at the rate of 6% per annum from the date of the decree to the date of payment. 3. In the circumstances, in exercise of powers under Order 8 Rule 10, I proceed to decree the Suit on the following terms: (a) The Suit is decreed against the Defendant for sum of Rs.45,426/-(Rs.Forty five thousand four hundred twenty six only) alongwith interest thereon at the rate of 12% per annum from the date of filing of the Suit to the date of the decree and also for further interest on the principal amount from the date of the decree to the date of payment at the rate of 6% per annum. (b) The Plaintiffs are entitled for costs of the Suit. (c) Decree be drawn up accordingly. 4 (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)