1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1899 OF 2004 H.K. Industries .. Plaintiff V/s M/s Eagle Scorp Exports .. Defendant Ms. Pratima Sondulkar i/b J.R. Vakil & Associates for the plaintiff. CORAM : D.G. KARNIK, J. DATE : 17TH JUNE 2009 P.C. : 1. Heard the learned counsel for the plaintiff. None present for the defendant. 2. The suit is listed on board for exparte hearing as the defendant has not filed a written statement. The defendant and advocate are absent when called. 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 woven 2 labels valued at Rs.2,00,289/- under various delivery challans and invoices. The defendant received the goods but failed and neglected to make the payment. The plaintiff has therefore filed the suit for recovery of the price of the goods sold and delivered. 4. The plaintiff has filed on record the documents in a compilation and has also filed the affidavit of Mr. Bharat C. Doshi, a partner of the plaintiff, in lieu of examination in chief. In the affidavit, Mr. Doshi has stated that as per the order of the defendant, the plaintiff supplied goods (woven labels) to the defendant. The delivery challans signed by the defendant are produced on record. Office copies of the invoices are also produce on record. They are proved by the affidavit of Mr. Doshi. The defendant has confirmed the outstanding balance of Rs.2,00,289/-. The letter of the defendant is also produced on record. The evidence of the plaintiff has gone unrebutted as the defendant has neither cross examined the plaintiff nor has he produced any evidence to rebut the evidence of the plaintiff. I, therefore, believe the evidence of the plaintiff and hold that the defendant is liable to make the payment of the price of the goods sold and delivered to the plaintiff. 5. The invoices mention that interest at 24% per annum would be charged. The plaintiff has claimed interest at the same rate upto the filing of the suit. The plaintiff is entitled to the interest as claimed upto the date of the suit. Future interest can be granted under section 34 of the Code of Civil 3 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 to the plaintiff the sum of Rs.3,18,632/- together with interest on the principal sum of Rs.2,00,289/- at the rate of 9% per annum from the date of the suit till payment or realisation. (D.G. KARNIK, J.)