1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2839 OF 1998 Mahanagar Telephone Nigam Limited .. Plaintiffs Vs Britto V. Jojo & Ors .. Defendants Ms. J.R. Thakkar for the Plaintiffs None for the Defendant CORAM : DR. D.Y. CHANDRACHUD, J DATE : 22nd APRIL, 2009. P.C.: 1. The suit has been instituted for the recovery of an amount of Rs. 1,70,948/- towards unpaid telephone bills. The Defendant was a subscriber of a telephone installed by the Plaintiff. The bills of the Plaintiff dated 10th August 1996, 10th October 1996, 23rd October 1996, 10th November 1996, 10th December 1996, 25th December 1996, 10th January 1997 and 25th January 1997 had remained unpaid. 2. The Plaintiff had allotted an STD – PCO connection to the Rma S145798220409.sxw 2 1st Defendant. It is alleged that without consent of the Plaintiff, the 1st Defendant allowed Defendant Nos. 2 to 4 to conduct the communication center where the booth was situated. Cheques issued have been dishonored. 3. The Defendants have been served with the writ of summons but have not entered appearance. There is no written statement. In the circumstances, the pleadings have gone uncontroverted. 4. The Plaintiff has filed an affidavit in lieu of the examination- in-chief of its account officer and a compilation of the original documents. The claim has been duly proved. The suit is accordingly decreed in terms of prayer clauses (a), (b) and (c) with the modification that the Plaintiff shall be entitled to interest at the rate of 9% per annum and to be paid from the date of the suit until payment or realization. 5. There shall be a refund if any of the court fees in accordance with rules. Rma S145798220409.sxw 3 (DR. D.Y. CHANDRACHUD, J) Rma S145798220409.sxw