1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 12 OF 1991 Nirlon Ltd. ...Plaintiff. Vs. Space Age Engg. P.Ltd. ...Defendant. --- Mr. G. Vishwanath, for the Plaintiff. None for the Defendant. ---- CORAM : S.J. VAZIFDAR, J. DATED : 20TH AUGUST, 2009. P.C. 1. The suit is filed to recover a sum of Rs.8,54,700.35 together with interest at 18% p.a. on the sum of Rs.5,60,383.75 from the date of the suit till payment. 2. The claim in the suit is for recovery of the price of the goods sold and delivered by the Plaintiff to the Defendant . 3. It is expressly stated by the Plaintiff that the Defendant accepted the goods without any demur as to quality or quantity of the same. It is further stated by the Plaintiff that the Defendant agreed to pay interest at 18% p.a.. It is further stated that by a letter dated 07.08.1989 the Defendant admitted the claim but requested for time to pay the same. However, despite the Plaintiff’s Advocate’s notice dated 23.11.1989 demanding 2 payment, the Defendant failed to make payment. 4. There is no written statement. The learned Advocate appearing for the Plaintiff fairly invited my attention to a letter dated 14.09.1992 addressed by the Defendant’s Solicitors stating the balance as per Defendant’s books of accounts which is marginally less than the claim in the suit. He further stated that the Plaintiff is willing to restrict his claim to the extent of this admission. The letter refers to the Petition filed in this court. Defendant, however, has not appeared and it is therefore not possible to ascertain the result or the effect thereof. There is no warrant for refusing to accept what is stated in the Plaint. For the last 18 years no written statement has been filed. 5. In the circumstances, the suit is decreed as prayed. Refund as per rules.