1 srk IN THE HIGH COUT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 922 OF 2003 The Board of Trustees of the Port of Mumbai .. Plaintiffs vs Indian Lead Limited & Anr. .. Defendants Ms. Preeti Shah i/b Motiwalla & Co. for the Plaintiffs. None for Defendants. CORAM: A.S.OKA,J DATE: 5th November, 2009. JUDGMENT: 1 The suit is listed under the caption of ‘undefendant suit for exparte decree’. 2 The plaintiffs are a statutory corporation constituted under the provisions of the Major Port Trusts Act, 1963 (hereinafter referred to as ‘the said Act’). The first defendants are the consignees/importers/bailors/owners of the consignment which is subject matter of the suit. The second defendants are a firm and are the clearing agents of the first defendants and as such the Bill of Lading was endorsed to the second defendants. It is contended that the second defendants are the agents for the sale and custody of the consignment, therefore, they are owners within the meaning of the said Act. 2 3 The consignment in question was imported by the first defendants in July, 2000 which consists of 55 drums of Lead Concentrates weighing 43,486 kgs. which was manifested at Item No. 212 of the Import General Manifest No. 6475, dated 4th July, 2000 of the vessel X-Press Kailash. 4 As the said consignment was not cleared for over two months, the plaintiffs informed the first defendants that, if the said consignment was not cleared within 10 days, the same shall be sold by public auction according to the Sections 61 and 62 of the said Act. As the said consignment was not cleared, auction notice was published in Government Gazette as well as in local news papers. It is stated that on 2nd February, 2001, the consignment was sold for a sum of Rs. 3,18,900/-. The total port trust charges accrued amounted to Rs. 4,31,152/-, the customs duty amounted to Rs. 68,341/- and expenses of sale amounted to Rs.31,890/-. After adjusting the sale price, there was a deficit of Rs.2,12,483/-. In the plaint, reliance has been placed on the demand notices issued by the plaintiffs to the defendants. As the amount was not paid, the present suit has been instituted. The claim in the suit is for recovery of amount of Rs.2,12,483/- with interest thereon at the rate of 18% per annum up-to the date of the institution of the suit. 5 The plaintiffs have filed affidavit of documents of Mr. I.S. Swami, an Assistant Docks Manager and its authorized signatory. Original documents are 3 placed on record. Affidavit in lieu of examination-in-chief of the same officer has been placed on record. Perusal of the affidavit in lieu of examination-in- chief and original documents shows that the plaintiffs have established their case. Office copies of demand notices have been placed on record. The first defendants are consignees and the second defendants are shown as endorsees of the Bill of Lading. Therefore, liability of the defendants to pay the Port Trust Charges accrued on the consignment has been established. Therefore, the plaintiffs are entitled to decree. Considering the facts of the case and nature of the dispute, interest from the date of the institution of the suit will have to be granted at the rate of 9% per annum. 6 Hence, I pass following order: i) The suit stands decreed in terms of prayer clause (a) with a modification that further interest from the date of the suit will be payable at the rate of 9% per annum. ii) The plaintiffs shall be entitled to refund of court fees as per rules. Judge.