IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 4578 OF 1996 SUIT NO. 4578 OF 1996 SUIT NO. 4578 OF 1996 Shahnawaz Yusuf Ghate ...Plaintiff vs. D.R. Mishra ...Defendant Ms.S. Karade i/b. Mr.Anil Menon for the Plaintiff. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : AUGUST 30, 2008 DATED : AUGUST 30, 2008 DATED : AUGUST 30, 2008 P.C. :- P.C. :- P.C. :- 1. Counsel for the plaintiff has filed affidavit of service. None appears on behalf of the defendant though he is served. Counsel for the plaintiff has also filed affidavit of evidence of the plaintiff and registered documents which are tendered on behalf of the plaintiff. The plaintiff who is present in court states that he has filed affidavit of evidence which is signed by him and he repeats and reiterates that the contents of the affidavit of evidence are true and correct. He has tendered the list of documents. Undated agreement between the plaintiff and the defendant is signed by the defendant. The other documents and the bill statements issued by the plaintiff. The said documents are taken on record and marked collectively Exhibit B-1 to B-45. The plaintiff has also filed supplementary affidavit of evidence of plaintiff and supplementary list of - 2 - documents which are taken on record and marked Exhibit C-1 to C-46. 2. In view of the statement made by the plaintiff in his affidavit of evidence, supplementary affidavit of evidence and the documents which are filed by him, the plaintiff is entitled for a decree. 3. Suit, accordingly, is decreed. The defendant is directed and decreed to pay the sum of Rs.1,39,978.99ps. The defendant has already deposited an amount of Rs.70,000/- in this Court. That amount may be adjusted towards the said amount of Rs.1,39,978.99ps. The defendant is directed to pay interest at the rate of 18% p.a. from the issue date of suit till the date of payment or realisation. The plaintiff is entitled to withdraw the amount deposited by the defendant in this Court alongwith interest which has accrued on the said amount. 4. Suit, accordingly, is decreed and disposed of in the above terms. - 3 - (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)