1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.4190 OF 1999 The Mahanagar Telephone Nigam Ltd. ..Plaintiff. Vs. Chandrika P. Jain (Kenia) ..Defendant. ... Ms Jyoti R. Thakkar for the Plaintiff. None for the Defendant. .... CORAM : DR. D.Y. CHANDRACHUD, J. 24th August, 2009. P.C. : 1. The suit has been instituted in order to recover the charges due on account of unpaid telephone bills. The Defendant has been served with the writ of summons but has not entered appearance. The suit has accordingly been listed for an ex parte decree. 2. The Defendant subscribed to a telephone which was installed by the Plaintiff. The bills raised by the Plaintiff were not paid. Consequently, the telephone was disconnected. Thirty one bills between 29th October, 1990 and 15th May, 1996 in respect of telephone No.24308816 have not been paid. The Defendant has also not paid the bills in respect of a 2 telephone bearing No.3782088 installed at a New Delhi address of the Defendant. Twenty seven bills have remained to be paid. An amount of Rs.2,81,028/- is due and payable in respect of the bills for the Mumbai telephone while an amount of Rs.2,93,635/- is due and payable for the bills for the use of the telephone at New Delhi. The total amount due and payable is Rs.5,78,633/-. Despite notices of demand, the dues have not been paid. 3. Since the Defendant has failed to file the written statement the averments contained in the Plaint have not been controverted. The Plaintiff has relied upon an affidavit of evidence of its Accounts Officer together with a compilation of the original documents. The claim has been duly proved. The suit shall accordingly stand decreed in terms of prayer clauses (a) and (b) with the modification that the Plaintiff will be entitled to interest at the rate of 9% p.a. on the principal sum from the date of the suit until payment or realization. There shall be a refund of Court fees, if any, as per rules. *****