1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.2735 OF 1997 Karnataka Soaps & Detergents Ltd. ..Plaintiff. Vs. Darab Cawasji & Co. ..Defendant. .... Mr. P.S. Palan with Mr. Manoj A. Purohit for the Plaintiff. None for the Defendant. .... CORAM : DR. D.Y. CHANDRACHUD, J. 26th August, 2009. P.C. : 1. The suit has been instituted for the recovery of the balance of the price of goods supplied and delivered. In March 1994 the Plaintiff appointed the Defendant as its stockist for the redistribution of its products at Nagpur. Between March and August 1994 the Plaintiff supplied to the Defendant various quantities of its products under invoice. The products were supplied from the depots of the Plaintiff from Bhiwandi, or as the case may be from Pune and the invoices were prepared at the C & F agents at the two places. The goods were sold and 2 supplied to the Defendant at Nagpur through the C & F agents and were transported. The Plaintiff has maintained an account pertaining to the transaction of the Defendant in the regular course of business in which credit has been given for the amounts received from time to time. Certain cheques which were issued by the Defendant were dishonoured. The debit entries in the ledger account have been first set out in the sales register before being debited to the ledger account. Copies of the invoice, the sales and the bank registers have been produced in the course of the evidence. A sum of Rs.2,01,049.30 became due and payable by the Defendant to the Plaintiff at the foot of the account. The claim for interest was raised by the Plaintiff’s advocate on 6th July, 1998. 2. The Defendant has been served with the writ of summons, but has failed to enter appearance and to defend the suit. Leave under Clause XII of the Letters Patent has been granted on 30th July, 1997. The Plaintiff has relied on an affidavit of evidence and a compilation of the original documents. The affidavit sets out the facts which have been narrated in the earlier part of the judgment. The claim has been duly proved on the 3 basis thereof. The suit shall accordingly 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 payment or realization. 3. The registry is directed to return the original power of attorney against verification of the photocopy which is taken on the record. The Plaintiff is permitted to withdraw copies of the originals of the ledger and cash book and bank register against due verification of the copies by the registry. *****