IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION SUIT SUIT SUIT NO. 4722 OF 1996 NO. 4722 OF 1996 NO. 4722 OF 1996 The Mahanagar Telephone Nigam Ltd. ... Plaintiffs. V/s. Khairulla Rafiulla Ansari ... Defendant. Mr. Viral Shukla i/by. M/s. Shukla & Associates for the plaintiffs. None for the defendant. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 12th June, 2007 : 12th June, 2007 : 12th June, 2007 ORAL ORAL ORAL JUDGMENT:- JUDGMENT:- JUDGMENT:- This is a Suit for recovery of telephone bills dated 1/12/1993, 01/02/1994, 01/04/1994, 01/06/1994, 01/08/1994, 01/10/1994, 01/12/1994, 01/04/1995 and 01/06/1995 totalling an amount of Rs.1,18,683/- ( One lac eighteen thousand six hundred eighty three only) along with interest at the rate of 21% p.a. from the date of filing of the Suit till payment and/or realisation. 2. Though served none appeared for the defendant. 3. Suit is listed under the caption of undefended suit. ( 2 ) 4. The plaintiffs have filed an affidavit in support of their claim. The plaintiffs have also filed the documents. The documents are marked as Exhibit P-1 collectively. The Chief Accounts Officer of the plaintiffs being authorised has filed the affidavit in support of their pleadings. The contents and the averments made therein have remained uncontroverted. The documents filed are from the records available and maintained by the plaintiffs in their ordinary and regular course of business. The contents of those documents are also uncontroverted. 5. Inspite of service of the telephone bills and demand notice dated 14/05/1996 the defendant failed to clear the said arrears of telephone bills. The plaintiffs therefore, have filed the present suit on 24/10/1996. The suit is within limitation. 6. The plaintiffs have claimed the rate of interest at 21% p.a.. This rate of interest on a higher side. Considering the present rate of interest, the plaintiffs are entitled to the interest at the rate of 9% from the date of the filing of the suit. ( 3 ) 7. In the result, the Suit is decreed against the defendant in a sum of Rs.1,18,683/- (One lac eighteen thousand six hundred eighty three only) along with interest at the rate of 9% p.a. from the date of filing of the suit till payment and/or realisation. 8. No costs. [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]