- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT No. 906 OF 1999 Apollo Trade Ltd. ... Plaintiff Vs. Puja Plastics & Ors. ... Defendants *** Mr. P. H. Bhatt, for the Plaintiff. None for the Defendants. *** CORAM : S. J. VAZIFDAR, J. DATE : SEPTEMBER 24, 2009. PC :- 1. The suit is filed to recover a sum of Rs.85,746.41 Ps. together with interest at 18% per annum on Rs.59,171.41 Ps. from the date of filing of suit till payment. Defendant Nos. 2, 3 and 4 are the partners of defendant No.1 firm. 2. According to the plaintiff, it had placed the orders with the defendant for fabrication/ purchase of certain materials. The plaintiff maintained the accounts of the amounts forwarded by it to the defendants. The plaintiff also credited the amount which were due and payable for the said work to the defendants. - 2 - 3. The amounts claimed in the suit is at the foot of the said account. Despite the plaintiff’s notice demanding the payment, defendants failed and neglected to make payment. 4. No written-statement has been filed. The defendants are absent. The defendants are absent. On behalf of the plaintiff one Mr. Purushottam Singi was examined by filing his affidavit in lieu of examination in chief. There was no cross-examination of this witness. The plaintiff has tendered a compilation of documents. The same is taken on record and marked “A” (Colly). 5. There does not appear to be any defense to the suit. There is nothing to suggest that what is stated in the evidence is incorrect. 6. There is however, no agreement for interest. However, interest at 24% was demanded by the plaintiff’s advocates in notice dated 28th August 2007. Interest, therefore, can be granted only from the date of the suit. 7. In the circumstances, the suit is decreed in the sum of Rs.59,171.41 Ps. together with interest thereon at 18% per annum from 28th August 1997 till the date of this decree and thereafter at 10% per annum till payment and/or realization. The defendants shall also pay the costs of the suit, quantified as per rules. Refund of court fees as per rules.