<JGN>I.P.Mukerji</JGN>, J. - (1.) Sometime in 2014 the plaintiff instituted the present suit against the defendant in this court claiming a decree for Rs. 1,63, 34, 537/ - together with interest @ 24% per annum.
(2.) The plaintiff is a Kolkata company having its registered office on Lenin Sarani. It has a branch office in Goregaon, Mumbai. In the cause title, the first defendant is described as a registered partnership firm having its place of business Adalat Road, Aurangabad and a branch office at 39A, Harish Mukherjee Road, Kolkata. The second and third defendants are described as partners of the first defendant. The plaintiff is in the transport business. The cause of action on which the suit is founded is that, on the instruction of the defendants, in 2008, the plaintiff transported their goods to various destinations throughout India. This agreement of 2008 was renewed by the agreement dated 7th March, 2011. The defendants made part payment, of the plaintiff's transportation charges the last of which was received by the plaintiff on 30th April, 2013. They claimed the balance in the suit. On 9th February, 2015, an exparte decree was passed against the defendant in the suit. The decree is for Rs. 1,43,18,537/ - together with 12% simple interest p.a. from 1st May, 2013 till the date of payment. . This decree was made after placing the suit in the "undefended list". The office of the Sheriff had issued a certificate about service on the defendant. There was also substituted service of the writ of summons by publication in the Times of India, Pune edition and in Dainik Bhaskar in its Hindi edition, further to others passed by this court on 13th November, 2014 and 24th November, 2014.
(3.) The department of this court had issued a certificate that the defendants had not entered appearance in the suit.;