1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.2281 OF 1999 Mahanagar Telephone Nigam Ltd. ..Plaintiff. Vs. M/s. ICNET Ltd. & Others ..Defendants. .... Mr. Viral D. Shukla i/b M/s. Shukla & Associates for the Plaintiff. Mr. Ajay Fernandes i/b M/s. Kanga & Co. for Defendant No.3. .... CORAM: DR. D.Y. CHANDRACHUD, J. 5th February, 2008. P.C. : Counsel appearing for the Plaintiff states that the Plaintiff seeks to withdraw the suit against the Third Defendant. The suit is accordingly dismissed as withdrawn against the Third Defendant. 2. The Mahanagar Telephone Nigam Ltd. has instituted the present suit for the recovery of an amount due and payable under bills issued towards telephone charges. The Defendants were subscribers of the Plaintiff. 2 3. The Defendants have been served with the writ of Summons and an affidavit of service has been filed. The Defendants have not entered appearance and there is no defence to the claim in the suit. The Plaintiff has placed on the record an affidavit in lieu of Examination-in-Chief of its witness and a compilation of the documents. The claim in the suit stands proved on the basis thereof. 4. The suit shall accordingly stand decreed as prayed with the modification that the Plaintiff will be entitled to interest at the rate of 9% per annum from the date of the suit, until payment or realisation. The Plaintiff will be allowed a refund of the Court fees, if any, as per the rules.