1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.202 OF 2003 The Oriental Insurance Co.Ltd & Anr. .. Plaintiffs versus M/s.AFL Logistics .. Defendant Mr.Vinayak Sawant i/by Mr.N.K.Kamat for the plaintiffs. CORAM : A.S.OKA, J. DATE : 10th November 2009. ORAL JUDGMENT: . The suit is shown under the caption of “undefended suits for exparte decree”. The plaintiffs have filed the present suit for recovery of sum of Rs. 12,40,884/- together with interest thereon at the rate of 18% per annum as prayed therein. 2. The 2nd plaintiffs had entrusted various consignments of computer hardware to the defendant for carriage to various destinations. The consignment was packed in various cartons. In acknowledgment of receipt of the consignment, the defendant had issued way bills. A reliance has been placed in the plaint on 31 way bills issued by the defendant, the particulars of which have been set out in paragraph 2 of the plaint. The consignments were insured by the 1st plaintiff-company under a single policy of insurance. 2 The case of the plaintiffs is that in case of most of the 31 consignments either there was a shortage or that the consignment was damaged. In case of three consignments, there was a non-delivery. The case of the plaintiffs is that the said non-delivery/damage/shortage was admitted by the defendant by issuing requisite certificates. The details of the consignments alongwith the details of the certificates with corresponding loss amount have been incorporated in paragraph 5 of the plaint. Accordingly, a claim was lodged by the plaintiffs with the defendant. The defendant failed and neglected to pay the amount. The 1st plaintiff-company paid to the 2nd plaintiff a sum of Rs. 12,40,884/- being the total loss amount in view of the policy of insurance. 3. As stated earlier, the defendant has not filed the written statement. The plaintiffs have filed an affidavit of one Chandrasen U. Kalkhair, Manager of 1st plaintiff-company for proving the claim. The plaintiffs have produced the original way bills and damage certificates as well as letters of subrogation executed by the 2nd plaintiffs in favour of the 1st plaintiffs. The documents produced by the plaintiffs, namely, the way bills, damage certificates, letters of subrogation have been duly proved by the said affidavit. The said affidavit proves the claim of the plaintiffs of delivery of the consignments to the defendant and non-delivery/damage/short delivery of the consignments as claimed by the plaintiffs. The 2nd defendants have executed letters of subrogation in favour of the 1st plaintiffs. Therefore, a decree will have to be passed in favour of the 1st plaintiffs. The 1st plaintiffs 3 have claimed further interest at the rate of 18% per annum. Further interest deserves to be fixed at the rate of 9% per annum considering the facts and circumstances of the case. 4. Hence, I pass the following order: : O R D E R : (a) There shall be a decree in terms of prayer clause (a) in favour of the 1st plaintiff against the defendant with a modification that further interest will be payable at the rate of 9% per annum from the date of institution of the suit till payment and/or realisation. (b) The 1st plaintiffs will be entitled to refund of court fees as per the rules. (A.S.OKA,J)