1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION SUIT NO. 4694 OF 1996 Smita Janak Thacker. .... Plaintiff. V/s. Mr. Mayur Shah. .... Defendant. ....... Mr. Ajay Khere i/b. M.S. Bodhanwala & Co. for the Plaintiff. None for the Defendant. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 16TH JANUARY 2008. P.C. :- The suit has been instituted for the recovery of an amount of Rs.3,53,424.50 together with interest. The Plaintiff is a Stock Broker. During 1995-1996 and 1996-1997, the Plaintiff sold and delivered shares of various companies listed on the Mumbai Stock Exchange to the Defendant in pursuance of purchase orders placed by the 2 Defendant. The case of the Plaintiff is that though the shares were sold and delivered, the Defendant failed to pay the purchase price. By an Advocate's letter dated 25th October 1996, the Plaintiff called upon the Defendant to pay the outstanding which the Defendant failed and neglected to pay. Accordingly, the suit has been instituted on 29th October 1996. The suit is within limitation. The Defendant has failed to enter appearance despite service of writ of summons. An affidavit of service has been filed. The Plaintiff has relied on her affidavit in lieu of examination-in-chief and a compilation of original documents which inter-alia includes the statement of account. The claim of the Plaintiff has been duly proved on the basis of the evidence on record. The Suit shall accordingly stand decreed in terms of prayer clause (a) with the modification that the Plaintiff would be entitled to interest at the rate of 9% per annum from the date of the suit until payment or realization.