1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 405 OF 1997 M/s. Victoria Timber Supplying Co .. Plaintiffs Vs M/s. Polaris Hydro Carbons Pvt Ltd .. Defendants Mr. M.S. Dehlvi i/b Negandhi Shah & Himayatullah for Plaintiffs None for the Defendants CORAM : DR. D.Y. CHANDRACHUD, J DATE : 20th APRIL, 2009. P.C.: 1. The suit has been instituted for the recovery of a sum of Rs. 2,00,389/- together with interest at the rate of 18% p.a from the date of the institution of the suit until payment or realization. 2. The Plaintiffs sold and supplied timber and plywood to the Defendants. It has been averred that the Defendants accepted delivery of the goods. The Plaintiffs raised their invoices dated 01st April, 1981, 11th May, 1981, 30th July, 1991 and 11th Rma S23497200409.sxw 2 September, 1992, in the total sum of Rs. 2,50,389/-. On 04th August,1995, the Defendants are stated to have made to the Plaintiffs a part payment in the sum of Rs. 50,000/- leaving a balance of Rs. 2,00,389/- as due and payable. In pursuance of a meeting held on 27th September, 1995, the Plaintiffs addressed a letter of demand dated 07th October,1995, since according to the Plaintiffs, the outstanding balance was reconciled and confirmed in the earlier meeting. A further letter of demand was addressed on 11th July, 1996. The Defendants' Advocates by their reply dated 10th August, 1996 stated that the balance shown in the notice addressed by the Plaintiff's Advocate was not correct but the matter was being taken up for settlement with the Plaintiffs. Accordingly, the suit has been instituted on 16th January, 1997. 3. No written statement has been filed by the Defendants though they have been served with the writ of summons. 4. The suit has accordingly been transferred to the list of undefended suits. Rma S23497200409.sxw 3 5. The Plaintiffs have relied upon a compilation of the original documents which have been tendered and taken on record. 6. The Plaintiff's letter dated 7th October, 1995 states that upon reconciliation of accounts on 27th September, 1995, the balance outstanding was Rs. 2,00,389/- after taking into account the payment of Rs. 50,000/- received on 03rd August, 1995. In the circumstances, the suit is clearly within the limitation. Since, no written statement has been filed by the Defendants, the averments in the plaint have gone unchallenged. The suit is accordingly decreed in the principal sum of Rs. 2,00,389/- upon which the Plaintiffs would be entitled to interest at the rate of 9% from the date of the institution of the suit until payment or realization. 7. The Plaintiffs shall be entitled to the costs of the suit. (DR. D.Y. CHANDRACHUD, J) Rma S23497200409.sxw 4 Rma S23497200409.sxw