1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.423 OF 1997 M/s.Shree Vijaylaxmi Trading Company. ...Plaintiff. Vs. M/s.Pooja Industries. ...Defendant. .... Mr. D.A. Athavale for the Plaintiff. None for the Defendant. ..... CORAM : DR.D.Y.CHANDRACHUD, J. June 25, 2009. P.C. The suit has been instituted for the recovery of an amount of Rs.74,907.86 together with interest towards unpaid commission. The Defendant appointed the Plaintiff as its Commission Agent in 1992 and agreed to pay to the Plaintiff commission and other incidental expenses such as freight, loading, unloading charges, shortage and Bank commission. The Defendant, it has been averred, used to deliver Railway Receipts and/or Lorry Receipts to the Plaintiff against which the Plaintiff used to advance monies to the Defendant 2 on the basis of the rates prevailing at the time of despatch. The Plaintiff's case is that the cargo was thereafter, disposed of in accordance with the instructions of the Defendant. The Plaintiff used to furnish to the Defendant invoices reflecting the quantity and particulars of the goods sold, the price and the charges and commission due from the Defendant to the Plaintiff. The transactions took place between 18th June 1992 and 25th September 1995. The Plaintiff furnished to the Defendant its invoices, bills and statement of account. The Plaintiff has produced on record relevant pages of its General Ledger showing the accounts of the Defendant maintained in the ordinary course of business. As on 31st March 1996, an amount of Rs.74,907.86 remained due and payable at the foot of the account. 2, The Defendant has been served with the writ of summons, but has failed to enter appearance. The averments contained in the plaint have, therefore, gone uncontested. The Plaintiff has filed an affidavit in lieu of Examination-in-Chief of its partner and a compilation of the original documents. The claim has been duly 3 proved on the basis thereof. The suit shall accordingly stand decreed in the amount of Rs.74,907.86 on which the Plaintiff shall be entitled to interest at the rate of 9% per annum from the date of the institution of the suit until payment or realisation. ......