IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION SUIT SUIT SUIT NO. 2401 OF 1996 NO. 2401 OF 1996 NO. 2401 OF 1996 The Mahanagar Telephone Nigam Ltd. ... Plaintiffs. V/s. Hasanand P. Jagwani & Anr. ... Defendants. Mr. P.J.Thakkar i/by Ms. Jyothi Thakkar for the plaintiffs. None for the defendant. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 21st June, 2007 : 21st June, 2007 : 21st June, 2007 ORAL ORAL ORAL JUDGMENT:- JUDGMENT:- JUDGMENT:- This is a Suit for recovery of telephone bills dated 16/07/1992, 01/09/1992, 01/11/1992, 01/01/1993 and 01/03/1993 totalling an amount of Rs.51,542/- (Rupees fifty one thousand five hundred forty two only) along with interest at the rate of 18% p.a. from the date of filing of the Suit till payment and/or realisation. 2. Though served none appeared for the defendant. 3. Suit is listed under the caption of undefended suit. ( 2 ) 4. The plaintiffs have filed an affidavit in support of their claim. The plaintiffs have also filed the documents. The documents are marked as Exhibit P-1 collectively. The Chief Accounts Officer of the plaintiffs being authorised has filed the affidavit in support of their pleadings. The contents and the averments made therein have remained uncontroverted. The documents filed are from the records available and maintained by the plaintiffs in their ordinary and regular course of business. The contents of those documents are also remained uncontroverted. 5. Inspite of service of the telephone bills and demand notice dated 29/01/1996 the defendant failed to clear the said arrears of telephone bills. The plaintiffs therefore, have filed the present suit on 19/03/1996. The suit is within limitation. 6. The plaintiffs have claimed the rate of interest at 18% p.a.. This rate of interest on a higher side. Considering the present rate of interest, the plaintiffs are entitled to interest at the rate of 9% from the date of the filing of the suit. ( 3 ) 7. In the result, the Suit is decreed against the defendant in a sum of Rs.51,542/- (Rupees fifty one thousand five hundred forty two only) along with interest at the rate of 9% p.a. from the date of filing of the suit till payment and/or realisation. 8. No costs. [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]