: 1 : s-2761-08-Judgment=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2761 OF 2008 Dhirendra Mishra A Sole Proprietor under the name and style of M/s. Sky Fly International Courier having its address at C/o. Amin Chawl, Opp. Khed Galli, B.M.C. School, Khed Galli, Prabhadevi, Mumbai 400 025 .. Plaintiff v/s. Pradeep K. Nalavade, A Sole Proprietor under the name and style of M/s. Durga Sign’s having his address at Gala No.12, Mahalakshmi Industrial Estate, Dainik Shiveri Marg, Worli, Mumbai 400 018 and also residing at B/5, Shindhi Colony, Dukhbhanjan Darbar, Sasmira College Lane, Near Baneshwar Mandir, Worli, Mumbai – 400 025. .. Defendant ......... Mr. A.H. Shukla i/by Shukla & Shukla for plaintiff ......... CORAM : R.Y.GANOO, J. DATE : 14th SEPTEMBER,2010. ORAL JUDGEMENT : 1. The plaintiff, a sole proprietor of firm by name M/s. Sky Fly International Courier has filed this suit against defendant who happens to be Karta of Pradip K. Nalvde, HUF who is carrying on his business in the name of M/s. Durga Sign’s having its office at Worli, Mumbai. By : 2 : s-2761-08-Judgment=.sxw this suit, plaintiff wants a decree to the tune of Rs.1,33,813/- and for interest and costs as set out in the prayer clauses. The principal amount claimed in the present suit is Rs.1,27,443/-. The writ of summons was served upon the defendant. However, no written statement came to be filed and that is how the suit was taken up for ex- parte decree. On the last occasion, plaintiff Dhirendra Mishra stepped into the witness box as PW-1 and gave his evidence. He also relied upon the documents in support of his case and concluded his case. As nobody appeared on behalf of the defendant, evidence of plaintiff PW-1 remained un-controverted. Since no written statement is filed, there was no need to frame formal issues and the suit is termed as undefended suit. 2. Few facts necessary for the disposal of the present suit are as under. 3. The plaintiff runs the business of international courier under the name and style as M/s. Sky Fly International Courier. According to plaintiff, defendant entrusted with plaintiff various packets to be delivered to different destinations and the plaintiff did deliver those packets as per the orders placed by the defendant for which plaintiff raised invoices. Copies of the said invoices are at Exh.”B” collectively. : 3 : s-2761-08-Judgment=.sxw The defendant has paid from time to time a sum of Rs.3,50,000/- against the total bills amounting to Rs.4,77,443/-. The plaintiff has instituted this suit for recovery of courier service charges for the period 1st April, 2006 upto 21st March, 2008. The plaintiff issued demand notice to the defendant dated 9th April, 2008 at Exh.”A” and called upon the defendant to pay Rs.1,27,443/- being the amount arrived at after giving credit to monies paid by the defendant from time to time upto 21st March, 2008. Plaintiff has demanded interest @ 12% per annum from 21st March, 2008 till filing of the suit that is how the plaintiff has claimed Rs.1,27,443/- as the principal amount and Rs.6,370/- @ 12% p.a. from 21st March, 2008 to 19th August, 2008. 4. Learned Counsel appearing on behalf of the plaintiff had taken me through the evidence of plaintiff PW-1 Dhirendra Mishra and pointed out that evidence of Dhirendra Mishra PW-1 has gone unchallenged. He had drawn my attention to demand notice at Exh.”A” and the various invoices as also the fact that plaintiff received in all sum of Rs. 3,50,000/- and the outstanding amount is Rs.1,27,443/-. Learned Counsel for the plaintiff had, therefore, submitted that in view of the un- controverted evidence placed before the Court, plaintiff is entitled to the principal amount. : 4 : s-2761-08-Judgment=.sxw 5. So far as claim of the interest is concerned, plaintiff is claiming interest @12% p.a.. In the invoices rate of interest is not mentioned. Learned Counsel for the plaintiff contended that as the averments in the plaint claiming interest @12% p.a. have gone unchallenged and even otherwise looking to the prevailing rate in the year 2006-2008 in the market, the demand of the plaintiff for interest @12% p.a. is fair and reasonable. He pressed for relief in terms of interest as prayed for. He also prayed for interest @12% p.a. from the date of the decree till realization and of course for costs. 6. Having considered the record and submissions and the details of various invoices at Exh.”B”, I am inclined to accept the argument advanced by learned Counsel for the plaintiff that the plaintiff has proved that he had rendered services to the defendant and plaintiff was entitled to receive from the defendant in all Rs. 4,77,443/-. Since plaintiff admits having received Rs.3,50,000/- from time to time, the outstanding balance rightly turns out to be Rs.1,27,443/- for which the plaintiff is entitled to the decree. 7. So far as interest from 21st March, 2008 upto the date of filing of the suit, the said claim is required to be accepted because a sum of Rs. 1,27,443/- is shown as outstanding as of 21st March, 2008. So far as the : 5 : s-2761-08-Judgment=.sxw rate of interest is concerned, looking to the years namely 2006-2008, the claim of interest @12% p.a. is reasonable though rate of interest is not mentioned in the invoices. To that extent, plaintiff is entitled to get interest @12% p.a. from 21st March, 2008. 8. So far as rate of interest from the date of filing of the suit till decree, I am inclined to grant interest @12% p.a. So far as the interest from the date of decree till realization, since the transaction is a commercial transaction, it will be proper to grant interest @12% p.a. The plaintiff will also of course be entitled to costs. Keeping in view the aforesaid findings, I pass following decree. DECREE (i) Defendant do pay to plaintiff Rs.1,27,443/-. (ii) Defendant do pay to plaintiff interest @12%p.a. on Rs.1,27,443/- from 21st March, 2008 till passing of the decree and again @12% p.a. on Rs.1,27,443/- from the date of decree till realization. (iii) Defendant do pay to plaintiff costs of the suit. (R.Y.GANOO, J.)