IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2266 OF 1997 Rama Capital and Fiscal Services Ltd. ..Plaintiffs Vs. Shri Suresh L. Matta ..Defendants Ms. Kumud A. Bhatia for the Plaintiffs None for the Defendants CORAM: DR. D.Y. CHANDRACHUD, J. DATE: 11th AUGUST, 2009 P.C. : 1. The Plaintiffs were engaged in the business of providing financial services and trading in the purchase and sale of shares and securities. During the course of business, the Plaintiffs placed orders with the Defendants from time to time for the purchase and sale of shares for which bills were raised. The Plaintiffs maintained a statement of account pertaining to the transactions with the Defendants in the usual course of business. As on 28.02.1997, an amount of Rs.69,613.70 was due and payable. 2. A notice of demand was served on the Defendants. The suit has been instituted for recovery of the amount due at the foot of the account. The Defendants have been served with the Writ of Summons, but have failed to enter appearance. In these circumstances, the avements contained in the plaint have not been controverted. The Plaintiffs have relied upon an Affidavit in lieu of examination-in-chief and on a compilation of documents which are tendered and taken on record. The claim has been duly proved. The suit shall accordingly stand decreed as prayed with the modification that the Plaintiffs will be entitled to interest @ 9% p.a. from the date of the suit until payment or realisation. There shall be a refund of Court fees, if any, as per rules. (Dr. D.Y.Chandrachud, J)