The High Court of Judicature at Bombay decreed the plaintiff’s suit for recovery of telephone charges of Rs.61,923/- as the defendant’s appearance was absent and claims were uncontroverted, restricting interest to 9%.
Decree granted for recovery of Rs.61,923/- with interest limited to 9% from the date of filing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 1806 OF 2001
Mahanagar Telephone Nigam Ltd. ...Plaintiff. Vs. Pattathu Shibu Balan ...Defendant.
Ms. Jyoti R. Thakkar for the Plaintiff.
None for the Defendant.
CORAM :- ANOOP V. MOHTA, J. DATED :- 13th AUGUST, 2009.
ORAL JUDGMENT:-
1 The suit is for recovery of Rs.61923/- (Rupees sixty one thousand nine hundred twenty three only). No written statement has been filed. A compilation of the original document is tendered by the Petitioner’s counsel. The same is taken on record and marked Exhibit “X” collectively.
2 The claim arises in respect of the bill pertaining to telephone charges, in respect of the telephone connection granted to the Defendant. Though demanded was never paid. Though served, none appeared for the Defendants. The averments as made, remained uncontroverted.
3 Therefore, considering the averments made read with the documents on record, the suit is decreed in terms of prayer clauses (a) and (b).
2
However, the rate of interest is restricted to 9% from the date of filing of
the suit till the realization.
(ANOOP V. MOHTA, J.)
2 issues framed by the court
Whether the suit for recovery of telephone charges should be decreed in the absence of a written statement?
Whether interest should be awarded and at what rate?
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
