1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.2696 OF 1997 Shri Vipin Nandlal Virani. ...Plaintiff. Vs. M/s.Sai Kedar Dhoop Co. ...Defendant. .... Mr. Madhusudan Joshi for the Plaintiff. None for the Defendant. ..... CORAM : DR.D.Y.CHANDRACHUD, J. September 30, 2009. P.C. The Plaintiff supplied to the Defendant between 18th July 1994 and 6th September 1994 consignments of gum olibanum under three bills, namely, bill dated 18th July 1994, in the amount of Rs. 7,420/-; bill dated 27th August 1994, in the amount of Rs.22,419/- and bill dated 6th September 1994, in the amount of Rs.4,240/-, aggregating to Rs.34,079/-. The case of the Plaintiff is that the Defendant took delivery of the goods and no dispute was raised in respect of quality, quantity or price. According to the Plaintiff, the original bill contained a stipulation that the buyer will have to pay 2 interest at the rate of 24% per annum on late payment. A proforma of the bill containing the stipulation has been produced in evidence. The Plaintiff maintained in its books of account, an account of the transactions with the Defendant. A Ledger Book for 1994-95 and 1995-96 has been produced in evidence. An Advocate’s notice was addressed to the Defendant on 20th June 1997, despite which no payment was made. The Defendant has been served with the writ of summons. The suit came to be transferred to the list of undefended suits on 3rd September 2004. No written statement has been filed. In these circumstances, the averments contained in the plaint have not been controverted. The Plaintiff has relied upon an affidavit of evidence and on a compilation of the original documents. As already noted earlier, the documents include the Ledger Book for the relevant period. The claim has been proved on the basis of the evidence on record. The suit accordingly stands decreed in terms of prayer clauses (a) and (b) with the modification that the Plaintiff would be 3 entitled to interest at the rate of 9% per annum on the principal sum from the date of the suit until payment or realization. .....