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.1555 OF 1994 The Mahanagar Telephone Nigam Ltd. ..Plaintiffs. V/s. Meher Pharma India Ltd. ..Defendant. Ms. Jyoti R. Thakkar for plaintiffs. None for Defendants. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 29, 2008. DATE : FEBRUARY 29, 2008. DATE : FEBRUARY 29, 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.33,933/-(Rs.Thirty three thousand nine hundred thirty three 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 repeated demands, has failed and neglected to pay the 2 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. 2. 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.33,933/-(Rs.Thirty three thousand nine hundred thirty three only). 4. From the materials on record, it does appear that Telephone connection in question was used by the Defendants for commercial purpose. Indeed, there is no agreement between the parties regarding rate of interest to be charged for the delayed payment. Nevertheless as the Telephone facility availed by the Defendant was utilised for commercial activity, the Plaintiffs are entitled for interest on the outstanding amount at the rate of 18% as prayed, being the average rate of interest at which moneys would have been lent or advanced by the nationalised 3 banks during the relevant period in relation to commercial transactions. 5. 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 in the sum of Rs.33,933/-(Rs.Thirty three thousand nine hundred thirty three only) alongwith interest thereon at the rate of 18% per annum from the date of filing of the Suit till realisation of the said amount. (b) The Plaintiffs are entitled for costs of the Suit. (c) Decree be drawn up accordingly. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)