1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION SUIT NO. 1437 OF 1999 Onward Technologies Ltd. .... Plaintiff. V/s. Mr. Manohar M. Khatri & Ors. .... Defendants. ....... Ms. Sheetal Jain i/b. Ashwin Ankhad & Associates for the Plaintiff. None for the Defendants. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 25TH JANUARY 2008. P.C. :- The suit has been instituted for the recovery of an amount of Rs.56,179/- towards taxes paid by the Plaintiff to the Navi Mumbai Mahanagar Palika on behalf of the Defendants on 22nd January 1998 and interest thereon. The Defendants have been served with the writ of summons but have failed to enter appearance. The suit is accordingly 2 listed as an undefended suit for an ex-parte decree. The Plaintiff has relied upon an affidavit in lieu of examination in chief of its Company Secretary and a compilation of the original documents. The Defendants are the registered holders of the entire paid up share capital of a Company by the name of Shantmurali Holdings Pvt. Ltd. On 15th April 1995, the Plaintiff entered into an agreement with the Defendants for the sale of the shares held by the Defendants. It was mutually agreed upon between the parties in clause 7(d) that in the event that any kind of liability, whether statutory or otherwise, arose in respect of the period prior to the date of completion and was not disclosed in the accounts, the Defendants thereto as vendors were to bear the same. The Plaintiff received a property tax bill dated 28th December 1997 from the Navi Mumbai Municipal Corporation in the amount of Rs.46,980/- for the period from 1st April 1994 to 31st March 1995, in respect of the Company. The Defendants were called upon to pay the amount which has not been paid. The Plaintiff has made payment of an amount of Rs.47,215/- to the Municipal Corporation by a cheque on 22nd January 1998. The amount has not been reimbursed 3 despite a legal notice. The Plaintiff has relied upon an affidavit in lieu of examination in chief of its Company Secretary and a compilation of the documents has been placed on the record. In the absence of any contest by the Defendants, the claim of the Plaintiff has remained to be controverted and will have to be accepted. The claim has been duly supported by the evidence produced on record. The Suit shall accordingly stand decreed, in the amount of Rs.47,215/-, on which the Plaintiff would be entitled to interest at the rate of 12% per annum from the date of the institution of the suit until payment or realization. ------