1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUIT SUIT SUIT NO.1743 of NO.1743 of NO.1743 of 1985 New India Assu Co Ltd .. Plaintiff versus Deccan Shipping Co Ltd & anr .. Defendants Mr.Samir Kazi i/b Mulla & Mulla for Plff Mr Aditya Khandeparkar i/b Khaitan Jaykar for Defendants CORAM CORAM CORAM : D.G. KARNIK, J : D.G. KARNIK, J : D.G. KARNIK, J DATED DATED DATED : 11th August, 2005. : 11th August, 2005. : 11th August, 2005. P.C. P.C. P.C. 1. Heard learned counsel for the parties. Learned counsel for the plaintiff presses only prayer (a) and costs of the suit. Prayer clause (a) is for recovery of money. In absence of the written statement averments made in the plaint are deemed to be accepted. Suit of the plaintiff is decreed under Order 8 Rule 10 of the Code of Civil Procedure as follows : 2 " The defendants shall pay to the plaintiff a sum of Rs.80,114.45 and all costs of the suit. D.G.KARNIK, J