1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1075 OF 2003 The Oriental Insurance Co Ltd & Anr. .. Plaintiffs versus M/s.Elbee Services Ltd. .. Defendants Mr.Vinayak Sawant i/by Mr.N.K.Kamat for the plaintiffs. CORAM : A.S.OKA, J. DATE : 10th November 2009. ORAL JUDGMENT: . The suit is listed under the caption of “Undefended suits for ex-parte decree”. The plaintiffs have filed this suit for a decree in the sum of Rs. 5,94,238/- together with interest thereon at the rate of 18% per annum from the date of the decree till realisation. 2. The case of the plaintiffs is that the 2nd plaintiffs entrusted to the defendants computer hardware packed in various cartons for carriage to various destination. The defendants issued way bills acknowledging the delivery of the consignments. The details of 29 way bills have been set out in paragraph 2 of the plaint. The consignments covered by the said way bills were insured by the 1st plaintiff under a single policy. It is alleged that in case of 29 way bills either there was a short delivery or the consignment was 2 delivered in damaged condition. The case of the plaintiffs is that the defendants admitted the said non-delivery/damage and issued requisite certificates specifying the amount of loss. The details of the said certificates and the amount of loss incurred have been set out in paragraph 5 of the plaint. Thereafter, the defendants were called upon to pay the amount. The amount was not paid. The 1st plaintiff paid to the 2nd plaintiffs a sum of Rs. 5,94,238/- in terms of the policy of insurance. Against the said payment, a letter of subrogation was issued by the 2nd plaintiffs in favour of the 1st plaintiffs. There is no written statement filed by the defendants. The plaintiffs have filed affidavit of one Chandrasen U. Kalkhair, Manager of the 1st plaintiffs-company. The said affidavit has been filed to prove the claim. The original letter of subrogation has been produced with a separate list. Apart from the fact that the defendants have not denied the averments in the plaint, case made out in the plaint has been proved by the said affidavit. As there is a letter of subrogation executed by the 2nd plaintiff in favour of the 1st plaintiff, the decree will have to be passed in favour of the 1st plaintiff. Considering the facts and circumstances, further interest deserves to be granted at the rate of 9% per annum from the date of institution of the suit till the realisation. 3. Hence, I pass the following order: : O R D E R : (a) There shall be a decree in favour of the 1st plaintiff in terms of 3 prayer clause (a) with modification that further interest at the rate of 9% per annum will be payable from the date of the suit till realisation. (b) The defendants shall pay costs of the suit to the 1st plaintiffs. (c) The 1st plaintiffs will be entitled to refund of court fees as per the rules. (A.S.OKA,J)