IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1940 OF 1989 The Board of Trustees of the Port of Bombay ............Plaintiff versus M/s. Kanta International ............Defendant Mr.U. J.Makhija i/b. Mulla & Mulla adv. For the Plaintiff None For the defendant. CORAM: A. P. DESHPANDE, J. DATED : 29TH JUNE, 2009 P.C.: 1. This suit has been listed under the caption “undefendede suit for ex-parte decree”. The suit is filed by the Board of Trustees of Port of Bombay, a body corporate constituted under the provisions of Major Port Trusts Act. The claim made in the present suit is for the port trust charges from the date of landing till the date of confiscation of goods by the Colector of Customs. It is the case of the plaintiff that on or about January 1985 the defendant imported 17 cartons containing polyester fabrics, which were manifested at item no.77 dated 14-1-1985 of the vessel s.s. “Annapurna”. The general landing date and the last free days of the cargo of the said vessel was 15-1-1985 and 18-1-1985 respectively. By order dated 3-9-1987 passed by the Collector of Customs the consignment was ordered to be confiscated and thus till the date of confiscation, the port trust charges are claimed by filing the present suit. The claim in the suit is for an amount of Rs. 64,300/- together with future interest on a sum of Rs. 63,146.81/- at the rate of 15% per annum from the date of the suit till the realisation of the amount together with costs. 2. The plaintiff has filed an affidavit in lieu of oral evidence of its witness by name S.M. Deshmukh who is working as Asstt. Manager and principle officer of the plaintiff. He has deposed that the contends of the affidavits are true and correct. Perusal of para 15 of the affidavit reveals that the plaintiffs have received the amount claimed in the suit pursuant to the order passed by Delhi High Court and copy of which is also annexed and filed along with the compilation of documents. Thus what survives in the present suit is the claim for the amount of interest from the date of filing of the suit till realisation and costs. The plaintiff has produced the document including the import general manifest, the order of confiscation passed by the Collector of Customs, letter addressed to the defendant demanding the amount, relevant copies of the Docks Scale of Rates and the order passed by Delhi High Court dated 29-8-2001 so also the order dated 17-1-2003. The said documents are exhibited and are proved in view of the evidence of P. w. no.1 which is in the form of an affidavit in lieu of examination in chief and the oral evidence. In the result, the plaintiff succeeds in establishing the claim in the present suit. No decree is being passed in favour of the plaintiff in the sum of Rs. 63,146.81 as claimed in the suit in view of the fact that the plaintiffs have already received the said amount. Hence the suit is partly decreed in favour of the plaintiff and against the defendant. The defendant shall pay to the plaintiff only interest on the amount of Rs. 63,146.81 at the rate of 15% per annum from the date of filing of the suit till realisation of the amount in full. The defendant shall also pay costs of the suit to the plaintiff. (A.P. Deshpande, J.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1940 OF 1989 P.w.no.1. Mr. S.M. Deshmukh, Asstt. Manager, 12 Anderson House, Mazgaon, Mumbai-10. 1. I am shown the affidavit in lieu of oral evidence filed by me. It bears my signature. The contents of the affidavit are true and correct. I am deposing in the court pursuant to the authority vested in me under letter of authority dated 20-9-08. The documents filed by the plaintiff from Sr. no. 1 to 10 are marked as Exh. P-1 to P-10. Dated: 29-06-2009. (A.P. Deshpande, J.)