1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.3050 OF 1997 The National Smalll Indn.Corpn. Ltd. ...Plaintiff. Vs. Sunil Sardar. ...Defendant. .... Mr. K.P. Madhusoodan Nair for the Plaintiff. None for the Defendants. ..... CORAM : DR.D.Y.CHANDRACHUD, J. July 22, 2009. P.C. The suit has been filed for recovery of an amount of Rs. 3,29,897/- together with interest on the principal sum of Rs. 1,46,560/- at the rate of 16.5% per annum. The Defendant placed an order with the Plaintiff on 31st March 1982 for the supply of a Granulator and Diesel Engine. A Memorandum of Agreement dated 7th July 1982 was executed by the parties. Upon the execution of the agreement, the equipment in question, was given on hire to the Defendant. The Defendant committed default in the payment of 2 monthly rentals upon which the equipment was seized from the possession of the Defendant and sold for Rs.1,07,000/- exclusive of sales tax. The balance amount due and payable was Rs.3,29,897/- as on 31st May 1996. Upon the default in the payment, the suit has been filed on 28th November 1996. The suit is within limitation. The Defendant has been served with the writ of summons, but has failed to enter appearance. The averments contained in the plaint have not been controverted. The Plaintiff has relied upon an affidavit of evidence of its Branch Manager and on a compilation of the original documents. The documents include the Hire Purchase Agreement and the Statement of Account. The claim has been duly proved on the basis of evidence on record. The suit shall accordingly stand decreed in terms of prayer clause (a) with the modification that the Plaintiff will be entitled to interest at the rate of 9% p.a. on the principal sum from the date of the suit until payment or realization. There shall be a refund of Court fee, if any, as per the rules. ....