1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.3766 OF 1988 Rasiklal Chhaganlal Shah ..Plaintiff. Vs. M/s. Shah Lakhamidas Chhaganlal and others ..Defendants. .... Ms. Megha Deshmukh for the Plaintiff. None for the Defendants. .... CORAM : DR. D.Y. CHANDRACHUD, J. 27th July, 2009. P.C. : The suit has been filed for the recovery of monies advanced. The First Defendant is a partnership firm of which Defendant Nos.2 to 6 are partners. The Plaintiff lent and advanced a sarafi loan to the Defendants for the purpose of business with an agreed rate of interest of 18% p.a. The Defendants furnished statements of account setting out the opening balance, accrued interest, withdrawal, if any and the closing balance. The last such account was furnished on behalf of the Defendants and signed by the Third Defendant as on 2nd November, 1986. A sum of Rs.76,086/- 2 was shown to the credit of the Plaintiff as due and payable by the Defendants. By an advocate’s notice dated 10th October, 1988 the Defendants were called upon to pay the aforesaid amount together with interest computed at the rate of 18% p.a. The notice was received by Defendant Nos. 3, 4 and 6, while the notice sent to Defendants 1 and 2 came back with the remark ‘not claimed’. The Third Defendant has expired and the suit stands abated as against him. The Defendants have been served with the writ of summons but have not entered appearance. Consequently, the averments contained in the plaint have not been controverted. The Plaintiff has relied upon an affidavit in lieu of the examination in chief and a compilation of the documents. In the absence of any contest, the claim has been duly proved on the basis of the evidence on the record. The suit shall accordingly stand decreed as prayed with the modification that the Plaintiff will be entitled to interest at the rate of 9% p.a. from the date of the suit until payment or realization. *****