IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUIT SUIT SUIT NO.4241 OF 1998 NO.4241 OF 1998 NO.4241 OF 1998 The Mahanagar Telephone Nigam Ltd ...Plaintiff Versus Bobby Silk Mills Ltd. ...Defendants Shri V.V.Shinde i/by Shukla & Associates for the Plaintiff. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : JULY 19, 2007. : JULY 19, 2007. : JULY 19, 2007. JUDGMENT: JUDGMENT: JUDGMENT: 1. This suit is listed under the caption of "Undefended Suits for Exparte Decree". 2. The Plaintiffs have filed affidavit in lieu of examination-in-chief of one Shri L.B.Yadav, a Chief Accounts Officer, TR of the Plaintiffs. The said affidavit is marked "X" for identification and is taken on record. The Plaintiffs have also filed original documents alongwith a list of documents. The list of documents is marked "Y" for identification and is taken on record. 3. According to the case of the Plaintiffs, they had allotted a telephone connection bearing No.5950073 to the Defendants. According to the Plaintiffs, four bills dated 01st September, 1995, 01st November, 1996, 01st January, 1996 and 01st March, 1996 issued to the ... 2 ... Defendant have remained unpaid. The telephone connection was disconnected due to non payment of bills. Letters were addressed by the Plaintiffs to Defendants calling upon them to pay unpaid bills. However, payment has not been made. 4. The original bills alongwith office copy of the notice sent to the Defendants are produced alongwith a list of documents. The claim of the Plaintiffs in the suit as well as the said documents have been duly proved by affidavit of Shri L.B.Yadav. 5. The Plaintiffs have claimed interest at the rate of 21 per cent per annum. There is no stipulation regarding payment of interest in the unpaid bills. Therefore, the Plaintiffs will be entitled to interest at the rate of 6 per cent per annum. 6. Hence, the suit is decreed in terms of prayer clause (a) with a modification that interest payable on the suit claim will be at the rate of 6 per cent per annum from the date of institution of the suit till realisation or payment. The Defendants will pay costs of the suit to the Plaintiffs. 7. Certified copy is expedited. ... 3 ... JUDGE JUDGE JUDGE