1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION SUIT NO. 972 OF 1998 Karnataka Soaps & Detergents Ltd. .... Plaintiffs. V/s. M/s. Jethmal Ramdayal & Co. .... Defendants. ....... Mr. P.V. Palan with Mrs. R.M. Purohit i/b. M.A. Purohit for the Plaintiffs. None for the Defendants. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 24TH JANUARY 2008. P.C. :- The Plaintiff which is a Company incorporated under the Companies Act. 1956 carries on the business of selling soaps, detergents and joss sticks which are manufactured in the State of Karnataka. The Defendant which is a partnership firm was appointed as the stockist for the Plaintiff in July 1989. In respect of the goods 2 sold, supplied ad delivered to the Defendants, a statement of account has been maintained by the Plaintiffs in the Books of Account. As on 31st August 1995, an amount of Rs.55,048.16 was due and payable on the Books of Accounts. The amount was not repaid despite a notice of demand. The orders for the supply of goods are stated to have been received and accepted by the Plaintiff at Mumbai and goods were sold, supplied and delivered to the Defendant from Mumbai. Since the Defendant carries on business at Dhule, leave has been sought and obtained under Clause XII of the Letters Patent. The debit entry in the Books of Account for a cheque dishonoured is of 30th September 1995. The suit is instituted within a period of three years thereafter and is within limitation. The Defendant has not entered appearance despite service of an affidavit of service has been filed. The Plaintiff has filed a compilation of the original documents and an affidavit in lieu of examination in chief of its Assistant Manager. The claim has been duly established on the basis of the evidence on record. 3 In the circumstances, the suit shall stand decreed in terms of prayer clauses (a) and (b) with the modification that the Plaintiffs would be entitled to interest at the rate of 12% per annum on the principal amount from the date of the institution of the suit until payment or realization. ------