KJ 1 IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.3035 OF 1988 The Board of Trustees of the Port of Bombay .. Plaintiffs Vs. M/s. Seth Spinners .. Defendants ---- Mr. U. J. Makhija @ Mr. P. Kandhar i/by Mulla & Mulla for the plaintiffs. None for the defendants. ---- CORAM : R.S.MOHITE, J DATE : 21/7/2010 P. C.: 1 The plaintiffs have filed an affidavit in lieu of evidence dated 21.7.2010 and the compilation of original documents which are taken on record. Seven original documents which are part of the compilation are all marked as Exhibit-A (colly). Office is directed to mark individual documents. 2 The plaintiffs have filed this summary suit for recovery of KJ 2 statutory charges in the nature of wharfage, demurrage and warehousing charges. Suit is filed as a summary suit as the debt is arising out of enactment and the amount claimed is Rs.7,25,000/- together with further interest on the sum of Rs.6,90,759/- at the rate of 15 % per annum from the date of the suit till payment or realization. 3 The record indicates that after obtaining chamber order substituted service dated 29.4.2010 and 8.7. 2010 have been effected by publication upon the defendants. Affidavit of service has been filed. Since the defendants have failed to appear in spite of service, all the averments in the pleadings are deemed to have been admitted. In any case, plaintiffs have proved their case by filing affidavit of documents and the original documents as exhibited. In this view of the matter, suit is decreed in terms of prayer clause-(a). (R.S.MOHITE,J.)