1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.2497 OF 1997 M/s. Jindar Super Dal Mills and another ..Plaintiffs. Vs. M/s. Sovaros Shipping Corporation ..Defendant. .... Mr. V.S. Amin for the Plaintiffs. None for the Defendant. .... CORAM : DR. D.Y. CHANDRACHUD, J. 23rd June, 2009. P.C. : The First Plaintiff which is a partnership firm had purchased a consignment of 4000 bags (199.840 MT) of toor whole and entrusted the consignment to the Defendants for carriage from the Port of Yangon to Mumbai. The value of the consignment was US $ 98,920.80. The Defendants issued a Bill of Lading dated 9th July, 1996. When the consignment arrived at Mumbai, 285 bags were found to be short landed in respect whereof the Port Trust issued a short landing certificate. The Port Trust also issued a Remark List Certificate dated 8th October, 1996 to 2 the clearing agents of the First Plaintiff stating that 244 bags had landed in torn and slack condition. A joint survey was carried out of the damaged bags by M/s. Sigma Shipping Agency Private Limited on behalf of the Defendants and the survey report dated 9th October, 1996 came to be submitted. The First Plaintiff lodged a claim with the Defendant’s agents in the amount of Rs.3,43,091.20 for the loss suffered. The consignment was insured by the First Plaintiff with the Second Plaintiff against transit risk from the port of loading to Mumbai. The Second Plaintiff issued an insurance policy dated 11th July, 1996. The Second Plaintiff has paid a sum of Rs.3,43,091/- to the First Plaintiff against the claim lodged by the First Plaintiff. The First Plaintiff has issued a letter of subrogation dated 31st January, 1997 in favour of the Second Plaintiff and a power of attorney. The Defendants have been served with the writ of summons but have not entered appearance. The claim of the Plaintiffs has in the circumstances not been contested. On behalf of the Second Plaintiff an affidavit in lieu of the examination in chief has been filed of the Assistant Manager in the Divisional Office at Mumbai. A Compilation of the original documents has also been filed. The claim has been duly 3 substantiated in terms of the affidavit in lieu of the examination in chief and the original documents which are taken on the record. The suit shall accordingly stand decreed in terms of prayer clauses (a) and (b) with the modification that the Plaintiffs will be entitled to interest at the rate of 9% per annum on the principal sum from the date of the suit until payment or realization. There shall be a refund of Court fees, if any, in accordance with the rules. *****