1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.5229 OF 2000 The Mahanagar Telephone Nigam Ltd. ...Plaintiff. Vs. Smt.Shah A. Rasiklal. ...Defendant. .... Mr.Vishal D. Shukla i/b. Shukla & Asso. for the Plaintiff. None for the Defendant. ..... CORAM :DR.D.Y.CHANDRACHUD, J. January 15, 2008. P.C.: The suit has been instituted by the Mahanagar Telephone Nigam Ltd. for the recovery of amounts due and payable on account of unpaid telephone bills. The Defendant was a subscriber of the Plaintiff. The claim of the Plaintiff is that the bills raised for the user of the telephone facility have remained to be paid. The Defendant has been served with the writ of Summons. The suit has been listed as an undefended suit since the Defendant has not entered appearance despite service of the writ of Summons. An affidavit of service has 2 been filed. In these circumstances, the claim of the Plaintiff has gone uncontroverted and a decree would accordingly have to be passed under Order 8 Rule 10 of the Code of Civil Procedure, 1908. 2. Leave is granted to Counsel appearing on behalf of the Plaintiff to file an affidavit in lieu of Examination-in-Chief, duly affirmed and a compilation of documents in the registry within a period of three weeks from today. 3. The suit is accordingly decreed as prayed with the modification that the Plaintiff will be entitled to interest at the rate of 9% per annum from the date of the suit until payment or realisation. 4. There shall be a refund of the Court fees, if any, as per the rules. .....