1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION SUIT NO. 1461 OF 1999 M/s. Hero Honda Motors Ltd. & Anr. .... Plaintiffs. V/s. M/s. Ashnil Movers Pvt. Ltd. .... Defendant. ....... Mr. S.S. Dwivedi i/b. P.N. Sadarangani for the Plaintiffs. None for the Defendant. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 24TH JANUARY 2008. P.C. :- The suit has been instituted for a Judgment and Decree for the recovery of an amount of Rs.5,54,866/-. A decree has been sought in favour of the Second Plaintiff which stands subrogated in place of the First Plaintiff. Interest has been sought on the claim. 2 A consignment of 53 motorcycles and 4 cartons of accessories was entrusted by the First Plaintiff to the Defendant at Dharuhera for delivery at Ahmedabad under an invoice dated 3rd February 1996. The consignment was delivered in a damaged condition and the Defendant issued a damage certificate dated 26th March 1996. The Surveyors who were appointed for carrying out the survey, issued a report dated 19th October 1996. The First Plaintiff lodged the claim dated 18th March 1996 with the Defendant. The goods were insured against all risks in transit by the First Plaintiff with the Second Plaintiff under an Insurance Policy issued by the Second Plaintiff. The claim on account of loss and damage sustained by the First Plaintiff was paid by the Second Plaintiff to the First Plaintiff which in turn executed a letter of subrogation dated 19th January 1997. Accordingly, the Second Plaintiff has been subrogated in pursuance thereof. The Defendant has failed to enter appearance despite service of writ of summons and an affidavit of service has been filed. The Second Plaintiff has relied upon an affidavit in lieu of examination in chief of its Assistant Manager and a compilation of the original 3 documents on the basis whereof the claim in the suit has been duly proved. The suit shall accordingly stand decreed in terms of prayer clauses (a), (b) and ( c ) with the modification that the Plaintiff would be entitled to interest at the rate of 12% per annum on the principal sum from the date of the institution of the suit until payment or realization. ------