1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.3126 OF 1994 The M.T.N.L. ... Plaintiffs Vs. Merbanu A.Panjwani & Anr. ... Defendants ----- Mrs. Jyoti R. Thakkar for the Plaintiffs None for Defendants ----- CORAM: V.M. KANADE J. DATED: 6TH OCTOBER, 2009 P.C. 1. The Plaintiffs have filed their affidavit of service. 2. None appears on behalf of the Defendants, though they have served. 3. In view of the averments made in the plaint, which are not controverted by the Defendants, and since no written stament has been filed by the Defendants inspite of service of the writ of summons, the Plaintiffs are entitled for a judgment and decree in view of the provisions under Order 8 Rule 10 of the Code of Civil Procedure, 1908. 4. The Plaintiffs are rendering services of telecommunication and are directly under the control of Central Government of India and Department of 2 Telecommunication. 5. The Defendant No.1 is a subscriber of the services rendered by the Plaintiffs. The Defendant No.1 was allotted telephone No.241450 by the Plaintiffs' work order and it was installed at his residence on 8th March,1979. It is the case of the Plaintiffs that bills pertaining to the said telephone were issued and served on the Defendant no.1 from time to time. However, the Defendant No.1 failed and neglected to pay the said bills and accordingly his telephone was disconnected on 16th January, 1991. The Defendant No. 1, inspite of repeated reminders, did not pay the said amount which was due and payable. The Plaintiffs, by their advocate's notice dated 28th February, 1994 called upon the Defendants to pay the aforesaid said sum of Rs.54,053/- However, since the amount was not paid, the Plaintiffs have filed this suit. The Plaintiffs have filed the original documents viz. the advocate's letter dated 28.2.1994, copies of the unpaid bills and they have also filed their affidavit in lieu of evidence. The Plaintiffs, in my view, in view of the aforesaid evidence, are entitled for a judgment and decree. 6. The suit is, accordingly decreed. The Defendants are directed to pay a sum of Rs.54,053/- to the Plaintiffs with interest at the rate of 12% p.a. from the date of filing of the suit till the payment and/or 3 realisation. Suit is, accordingly decreed in the aforesaid terms. Certified copy is expedited. (V.M. KANADE J.)