((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.168 OF 1989 Godsan Air Plaintiff versus Kripaldas T. Hira and others Defendants Mr.Nikhil Rodrigues i/by Desai & Diwanji for plaintiff. None for defendants. CORAM : A.S.OKA, J. DATE : 02nd December 2008 JUDGEMENT :- 1. The suit has been kept under caption of "for want of written statement". 2. According to the case of the plaintiffs they are carrying on the business as agents for foreign travel air agency. Their business is to book tickets for foreign journey as well as to arrange for foreign currency. 3. The case of the plaintiffs is that third defendant represented the plaintiffs that he along with his parents were desirous of purchasing air tickets. On the assurances given by all the defendants, the plaintiffs invested the monies for purchase of two air ((-2-)) tickets for first and second defendants and also arranged for foreign exchange of the value of Rs.25,456/- and Rs.14,000/- respectively. The third defendant collected the tickets and foreign exchange in dollars from the office of the plaintiffs on 2nd April 1985. He assured the plaintiffs that the requisite amount will be paid on the next date. The case of the plaintiff is that one Vishambar had guaranteed the payment of the amount by the 1st to 4th defendants. The 4th defendant is the legal representative of the said Vishambar. The case of the plaintiffs is that the first to third defendants avoided to make payment of the amount payable on account of the air tickets and the said foreign exchange. The defendants were called upon to pay the amount. On 23rd June 1985 the third defendant issued a cheque to the plaintiffs which was dishonoured. Subsequently, another cheque for a sum of Rs.24,000/- was issued by the said defenfant which was also dishonoured. As the requisite amount was not paid, the present suit has been filed. 4. Though the defendants have been served none appears for the defendants. There is no ((-3-)) written statement filed by the defendants. The plaintiffs have tendered on record the affidavit of documents which is marked "X" for identification as well as compilation of eight original documents which is marked "Y" for identification. 5. Perusal of the averments made in the plaint and perusal of the original documents shows that the case made out in the plaint has been duly established by the plaintiffs. The averments in the plaint have not been denied. Therefore, the plaintiffs are entitled to a decree. The liability of the fourth defendant will be to the extent of estate inherited by the fourth defendant from late Vishandas Chhabria. Interest u/s 34 of the Code of Civil Procedure, 1908 will have to be paid @ 10% p.a.. 6. Hence, I pass the following order :- (a) The defendants are jointly and severally ordered and decreed to pay to the plaintiffs a sum of Rs.51,250/- together with interest on Rs.39,456/- @ 10% p.a. from the date of institution of the suit till realisation. It ((-4-)) is made clear that the liability of the fourth defendant will be to the extent of the estate received by the fourth defendant from late Vishandas Chhabria; (b) The plaintiffs will be entitled to the costs from the defendants; (c) Certified copy is expedited. (A.S.OKA, J.)