kbp 1 4558-97.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL CIVIL JURISDICTION SUIT NO.4558 OF 1997 The Mahanagar Telephone Nigam Ltd. ..Plaintiffs Vs. Shamshad Begum Shaikh ..Defendant ......... Ms.Bharti J. Thakkar, for plaintiffs. ......... CORAM : A.S.OKA, J.. DATE : 17th November, 2009. JUDGMENT : 1] Heard learned counsel for the plaintiffs. Written statement has not been filed by the defendant. 2] The suit is filed by the plaintiffs for recovery of sum of Rs.20,59,869/-. The case of the plaintiffs is that the defendant was a subscriber in respect of a telephone connection no.4141854. The suit is filed for recovery of amount payable under the bills dated 1st December, 1994 and 1st February, 1995. The amount claimed under the bill dated 1st December, 1994 is Rs.20,65,013.00 and the amount payable under the bill dated 1st February, 1995 is Rs.587.00. The case made out by the plaintiffs is that notwithstanding the letters addressed to the defendant, the amounts of bills were not paid, therefore, by notice dated 24th May, 1995, a demand was made for recovery of the said amounts with kbp 2 4558-97.sxw interest. As the compliance was not made, the present suit is filed . 2] Along with an affidavit, the plaintiffs have placed on record office copies of the bills issued by the plaintiffs to the defendant. This is fit case where the claim made in the plaint deserves to be accepted and a decree deserves to be passed under Rule 5 (2) Order VIII of the Code of Civil Procedure, 1908. 3] Further interest is claimed by the plaintiffs is at the rate of 18% per annum. Considering the facts of the case, further interest of at the rate of 6% per annum deserves to be granted. 4] Hence, I pass the following order:- (a) There shall be decree in terms of prayer clauses (a) to (c) with modification that further interest shall be payable at the rate of 6% per annum on the principal amount from the date of institution of the suit till the realisation or the payment. (b) The plaintiffs shall be entitled to the refund of court fees as per the rules. ( A.S.OKA, J. )