IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT No.3220 of 1998 PUDUMJEE PULP & PAPER MILLS LTD. ..PLAINTIFFS VS. M/s. HITESH & COMPANY & ORS .. DEFENDANTS Mr. S.V.Mahadik for the Plaintiffs None for the Defendants CORAM: DR. D.Y.CHANDRACHUD, J DATE : 27TH AUGUST, 2009 P.C. 1. In pursuance of the orders placed by the Defendants with the Plaintiffs for the supply of paper manufactured by the Plaintiffs, the Plaintiffs sold, supplied and delivered goods to the Defendants. The Plaintiffs raised invoices of total value of Rs.20,49,296.37. Payments were received regularly till October 1995. The bills remained outstanding from November 1995. Supplies to the Defendants were discontinued from June 1996. All the invoices provided for the payment of interest @ 24% p.a. The Plaintiffs raised debit notes on the Defendants for claiming interest from time to time. The Defendants by a letter dated 22nd July 1996, raised a counter claim of Rs. 90.43 lacs on account of difference in rate, defective supplies and interest. By a credit note dated 6th August 1996, the Plaintiffs issued certain credits aggregating to Rs.5,83,212 to the Defendants. By letters dated 16th October 1996 and 11th March 1997, the Defendants denied their liability. Thereupon, there was an exchange of correspondence between the parties. The suit is instituted for the recovery of the balance due and payable. 2. The Defendants have been served with the Writ of Summons, but have failed to enter appearance. No Written Statement has been filed by the Defendants. In the circumstances, the suit has been listed as an undefended suit for an ex parte decree. The Plaintiffs have filed an Affidavit in lieu of examination-in-chief of their constituted Attorney and a compilation of the original documents. In the absence of any contest, the claim has been duly proved on the basis of the evidence on the record. The suit shall accordingly stand decreed in terms of prayer clauses (a) and (b) with the modification that the Plaintiffs shall be entitled to interest @ 6% p.a., from the date of the suit until payment or realization. (Dr. D.Y.Chandrachud, J)