-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1651 OF 1987 SUIT NO. 1651 OF 1987 SUIT NO. 1651 OF 1987 M/s.Eastern Tube & Hardware Mart .. Plaintiffs. V/s. M/s.The New Great Eastern Spg. & Wvg.Company Limited. .. Defendants. --- Mr.P.V.Bhagat i/by Vasant & Co. for the Plaintiffs. Mr.Deepen Desai i/by Kanga & Co. for the Defendants. --- CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATED : 25th JANUARY, 2007. DATED : 25th JANUARY, 2007. DATED : 25th JANUARY, 2007. P.C.: P.C.: P.C.: . On 2nd December, 1987, the defendants were granted 8 weeks time to file a written statement, when the suit was transferred to the list of commercial causes. Admittedly, no written statement is filed by the defendants. The learned counsel for the defendants merely submits that the defendants intend to file written statement. In the circumstances, it is appropriate to proceed to decide the matter. 2. The suit is for the recovery of the unpaid price of goods supplied to the defendants, being various kinds -: 2 :- of Valve, pipes, fittings and hardware materials. The plaintiffs have ascertained that they have delivered the goods worth of Rs.2,29,670.49/- i.e. the value of the bill raised by the plaintiffs. 3. The defendants have paid a sum of Rs. 40,929.71/- and has not paid the balance of Rs. 1,60,519.57/-. The plaintiffs, therefore, demanded the amount by notice dated 14th April, 1986, which according to the averments in the plaint, was not complied with. The particulars of the claim set up by the plaintiffs are as follows : EASTERN TUBE AND HARDWARE MART Amount Due from the New Eastern Spg.& Wvg. Mills, Bombay - 400 027. --------- Amount Rs.P. Total outstanding amount as per Statement : 2,01,499.28 Less : Amount received on acc- -ount from time to time : 40,929.71 ___________ Net Amount Due : 1,60,519.57 Add : Interest from 5.11.1983 (S.Y.2039) to 31.3.1986 @ 18% per annum : 69,150.92 ___________ Total Amount due Rs. 2,29,670.49 ============ -: 3 :- 4. In view of the uncontroverted statements in the plaint, I consider it appropriate to decree the suit in the sum of Rs.2,58,564/- with interest on Rs.1,60,519.57/- at the rate of 12% per annum from the date of the suit till payment or realisation. 3. Decree be drawn up accordingly. (S.A.BOBDE,J.) .....