IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.410 OF 1992 The Mahanagar Telephone Nigam Ltd. ...Plaintiffs Versus Gulam A.Querrishi ...Defendant ...... Mr.V.V.Shinde i/b Shukla & Associates for Plaintiffs. None for Defendant. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. FEBRUARY 15, 2008. FEBRUARY 15, 2008. FEBRUARY 15, 2008. P.C. P.C. P.C. 1. The Plaintiffs have filed affidavit of evidence and list of documents to substantiate their claim for recovery of amount in respect of outstanding Telephone Bills payable by the Defendant, aggregating in the sum of Rs.50,191/- (Rupees Fifty Thousand One Hundred Ninety-One). The documents produced by the Plaintiffs would support the case of the Plaintiffs that the Defendant is liable to pay the said amount; and : 2 : inspite of repeated demands, has failed and neglected to pay the same. The case made out in the plaint is reiterated in the affidavit of evidence sworn by Mr.Ashok Raghunath Bhandare, Junior Accounts Officer TR. (MZN), who is authorised to depose before this Court on behalf of the Plaintiffs. 2. The Defendant has neither bothered to appear before the Court inspite of being duly served, nor has chosen to file any written statement to dispute the claim of the Plaintiffs. 3. In the circumstances, I have no hesitation in decreeing the suit in so far as the principal outstanding amount claimed by the Plaintiffs for sum of Rs.50,191/- (Rupees Fifty Thousand One Hundred Ninety-one). 4. From the materials on record, it does appear that telephone connection in question was used by the Defendant for commercial purpose. Indeed, there is no agreement between the parties regarding rate of interest to be charged for the : 3 : delayed payment. Nevertheless as the telephone facility availed by the Defendant was utilised for commercial activity, the Plaintiffs are entitled for interest on the outstanding amount at the rate of 21% as prayed, being the average rate of interest at which moneys would have been lent or advanced by the Nationalised Banks during the relevant period in relation to commercial transactions. 5. In the circumstances, in exercise of powers under Order VIII Rule 10 of the Code of Civil Procedure, 1908, I proceed to decree the Suit on the following terms: (a) The Suit is decreed against the Defendant in the sum of Rs.50,191/- (Rupees Fifty Thousand One Hundred Ninety-one) alongwith interest thereon at the rate of 21% per annum from the date of filing of the Suit till realisation of the said amount. (b) The Plaintiffs are entitled for costs : 4 : of the Suit. (c) Decree be drawn up accordingly. A.M.KHANWILKAR, J.