1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1517 OF 2000 M/s Supreme Transport Organisation ) a registered partnership firm, ) having its Head Office at Malegaon ) and Administrative Office at 301 ) Vardhaman Chambers, 127 C Kalyan ST ) Danabunder, Mumbai -400 009 ) ..Plaintiff V/s 1 M/s Burlington Air Express I.P. Ltd. ) A Company incorporation under the ) Companies Act 1956, having its registered ) Office at J-21, South Extension Part-1 ) New Delhi 110049 and Bombay Office at ) Hira Building, 17/19 Mini Road, Fort, ) Mumbai – 400 001. ) 2. Bax Global India Ltd. ) a Company incorporated under the ) Companies Act 1956, having Office ) at Atlanta Towers, Sahar Road, ) Andheri (East), Mumbai 400 059 ) ..Defendants. ----- Mr. V.M. Vaghela for the plaintiff. None for defendants. ----- CORAM: V.M. KANADE, J. DATE : 29TH JULY, 2009 2 ORAL JUDGMENT: 1. Heard the learned Counsel appearing on behalf of the plaintiff. Suit is listed under the caption of undefended suit. Plaintiff has filed an affidavit of service. In spite of service of writ of summons, defendants have neither filed their appearance nor filed their Written Statement. Plaintiff has filed affidavit in lieu of evidence as also compilation of original documents. 2. Plaintiff is a registered partnership firm and is carrying on business of public transporters for freight charges as per the Indian Carriers Act, 1865. Defendant No.2 took over the entire business of defendant No.1 with assets and liabilities. Defendants asked the plaintiff herein to transport their goods and, accordingly, transport service was provided by plaintiff from time to time and various separate bills were raised for each of the supplies provided by the plaintiff. It was agreed between the parties, according to the plaintiff, that the defendants would pay the amount within 30 days from the date of each bill and in the event of failure to pay the said amount, the plaintiff would be entitled to charge interest @ 18% per annum. However, since the defendants neglected and failed to pay the amount in spite of repeated reminders given by plaintiff, plaintiff issued 3 notice to the defendants asking them to pay the said amounts which were due and payable. However, in spite of repeated reminders sent by the plaintiff, the said amounts which were due and payable were not paid and, therefore, the present suit was filed. 3. Plaintiff has filed the original documents. The said original documents are taken on record and marked as Exhibit-P collectively. Since no Written Statement has been filed, plaintiff is entitled for judgment and decree in view of provisions of Order VIII Rule 10 of the Civil Procedure Code. 4. The suit is accordingly decreed in terms of prayer clauses (a) & (b). (V.M. KANADE, J.)