1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.2710 OF 1997 Jawahar P. Kanungo ..Plaintiff. Vs. Isibars Ltd. and another ..Defendants. .... Ms Rujuta Joshi i/b Mulla & Mulla & CBC for the Plaintiff. Mr. H.S. Khokhawala i/b I.J. Nankani for the Defendants. .... CORAM : DR. D.Y. CHANDRACHUD, J. 24th August, 2009. P.C. : The suit has been instituted for the recovery of an amount of Rs. 90,70,082.19 together with interest. Between June 1994 and December 1994 the Plaintiff advanced to the First Defendant a sum of Rs.85 lacs by four cheques respectively dated 11th June, 28th September, 28th October and 22nd December 1994. The First Defendant was permitted by the Plaintiff to store certain material in the godown of the Plaintiff at Bhiwandi. A raid was conducted by the Central Excise Authorities on the office of the Defendants. The godown of the Plaintiff was also raided and 2 the seizure was made of a certain quantity of the goods of the First Defendant which were lying in the godown. The Defendants claimed before the Excise Authorities that the material which was in the godown of the Plaintiff had been sold by the First Defendant for a consideration of Rs.85 lacs. According to the Plaintiff the show cause notice initiated against the Plaintiff came to be discharged and an appeal was dismissed by the Commissioner of Customs on 10th June, 2005. In reply to an advocate’s notice the Defendants repudiated their liability. The suit has been instituted for the recovery of the amount as stated earlier. The Defendants have been served with the writ of summons and had entered appearance through an advocate. Counsel appearing on behalf of the Defendants, however, states that all the papers and proceedings have been returned to the Defendants and that he has no instructions. No written statement has been filed by the Defendants. The averments contained in the Plaint have therefore not been controverted. The Plaintiff had relied upon his own affidavit of evidence a compilation of the original documents. The Plaintiff is personally 3 present before the Court and verifies what is stated in his affidavit of evidence. In the absence of any contest the claim has been duly proved. The suit shall stand decreed in terms of prayer clauses (a) and (b) 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 realization. *****