1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2678 OF 1997 The National Small Industries Corporation Ltd. ..Plaintiffs versus Shri Dattatraya Indelkar ..Defendant Mr. K. P. Madhusoodanan Nair for Plaintiffs. None for Defendant. CORAM : DR. D. Y. CHANDRACHUD , J. DATED : 15TH JULY, 2009. P.C. : 1. The suit has been instituted for recovery of a sum of Rs.3,21,180/- together with interest at the rate of 18% per annum on the principal sum of Rs.1,44,781/-. The Defendant raised an order on 30th March, 1984 upon the Plaintiff for an Automatic Letter Press Stop Cylinder Printing Machine. Pursuant to the order the Plaintiff and Defendant executed an Agreement dated 18th April, 1984. Upon the execution of the Agreement, the Plaintiff gave equipment worth Rs.2,29,790/- to the Defendant on hire. A Delivery Note dated 29th June, 1984 was prepared. The Defendant committed a default in payment of the monthly rentals. Thereupon the Plaintiff seized the machinery / equipment covered by the Hire Purchase Agreement from the 2 possession of the Defendant. The machinery was sold for a sum of Rs. 15,000/- exclusive of sales tax. After adjusting the said amount of Rs. 15,000/- towards the outstanding dues, the Plaintiff called upon the Defendant to pay the balance of Rs.3,21,180/-. 2. The Defendant has been served with the Writ of Summons but has failed to enter appearance. The Plaintiff has filed an Affidavit in lieu of the Examination-in-Chief of its Branch Manager, in which the facts which have been narrated in the earlier part of this Order have been set out. A compilation of the original documents has also been filed. The compilation interalia contains the covering letter dated 12th June, 1985; the Hire Purchase Agreement dated 18th April, 1984 and the Order dated 30th March 1984. 3. In the absence of contest by the Defendant, the averments contained in the plaint have remained to be controverted. The claim has been duly proved on the basis of evidence adduced by the Plaintiff. The suit shall accordingly stand decreed in terms of prayer clause (a) with the modification that the Plaintiff will be entitled to interest at the rate of 9% on the principal sum from the date of the suit until payment or realisation. (DR. D. Y. CHANDRACHUD, J.)