: 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.2592 OF NO.2592 OF NO.2592 OF 1984 1984 1984 Jayantilal C. Jani & Anr. ...Plaintiffs Versus Mahendra Pulp & Paper Mills P. Ltd. ...Defendants Mr. P.V. Palan, Advocate, for Plaintiffs. None for the Defendants. CORAM CORAM CORAM : S.J. VAZIFDAR, J. : S.J. VAZIFDAR, J. : S.J. VAZIFDAR, J. DATED DATED DATED : 24TH AUGUST, 2006 : 24TH AUGUST, 2006 : 24TH AUGUST, 2006 P.C. P.C. P.C. . The suit is filed to recover a sum of Rs.80,891.84 together with interest on Rs.52,527.17 @ 18% p.a. 2. The suit is filed for recovery of the price of the goods sold and delivered by the Plaintiffs to the Defendants. 3. The Plaintiffs has led the evidence of his son Upendra Jayantilal Jani, who even earlier had been inducted into the business and was looking after the father’s business. He is, therefore, aware of the facts of the case. From the documents on record, it : 2 : is clear that there is no dispute regarding the agreement for sale of goods. Nor is there any dispute regarding the fact that the goods were sold and delivered by the Plaintiffs to the Defendants. 4. The Plaintiffs forwarded the ’Defendants Account’ in their Books of Accounts. An amount of Rs.18,000/- only was admitted by the Defendants. The Defendants however deducted an amount of Rs.28,000/- towards transport charges. The witness has deposed that the goods were to be delivered ex-Bombay. There is no cross-examination. 5. The Defendants have remained absent. The Plaintiffs evidence has gone unchallenged. 6. There is nothing on record that militates against the Plaintiffs’ claim. 7. In the circumstances, the suit is decreed in terms of prayers (a) and (b). : 3 : SUIT SUIT SUIT NO.2592 OF 1984 NO.2592 OF 1984 NO.2592 OF 1984 CORAM : S.J. VAZIFDAR, J. DATED : 24TH AUGUST, 2006 Name : Upendra Jayantilal Jani (Son of Plaintiff No.1) Age : 48 years Occupation : Address : I-2/204, Vishal Apartment, Andheri (E), M.V. Road, Mumbai - 400 069. EXAMINATION-IN-CHIEF EXAMINATION-IN-CHIEF EXAMINATION-IN-CHIEF OF THE PLAINTIFF MR. UPENDRA OF THE PLAINTIFF MR. UPENDRA OF THE PLAINTIFF MR. UPENDRA JAYANTILAL JAYANTILAL JAYANTILAL JANI BY MR. P.V. PALAN, THE LEARNED JANI BY MR. P.V. PALAN, THE LEARNED JANI BY MR. P.V. PALAN, THE LEARNED COUNSEL COUNSEL COUNSEL FOR THE PLAINTIFF : FOR THE PLAINTIFF : FOR THE PLAINTIFF : . An affidavit in lieu of oral evidence of the witness has been tendered and taken on record. The witness has confirmed as correct the contents thereof. 2. A compilation of documents is tendered. The same are taken on record and marked "Exhibit-A" collectively. 3. No cross examination. : 4 : 4. The Plaintiff choses his case.