1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2691 OF 1997 M/s. Bennett Coleman & Company Limited & Anr. .... Plaintiffs Vs. M/s. E.T.S. Marine Ltd. .... Defendants Mr. V.S. Amin for the Plaintiffs. None for the Defendants. CORAM: DR. D.Y. CHANDRACHUD, J. DATED: 24TH JUNE, 2009 P.C: 1. The first plaintiffs imported a consignment of 2728 rolls of newsprint. The consignment was entrusted to the defendants as owners and/or charterers of a vessel for carriage and safe delivery from the Port of Stephenville to Mumbai. A bill of lading was issued by the defendants on 1 st August, 1996. When the ship arrived at Mumbai on 30 th September, 1996, some of the newsprint rolls were found to be in damaged condition. On behalf of the defendants a survey was carried 2 out and the survey report dated 15 th October, 1996 showed that 301 rolls were damaged. The first plaintiffs lodged a demand on 14 th January, 1997 with the defendants. The consignment was insured by the first plaintiffs with the second plaintiffs. The second plaintiffs paid a sum of Rs.1,76,364/- to the first plaintiffs under the policy of insurance. The first plaintiffs executed a letter of subrogation dated 12 th February, 1997 in favour of the second plaintiffs. 2. The defendants have not entered appearance or contested these proceedings despite service of writ of summons. The plaintiffs have relied upon an affidavit in lieu of examination-in- chief of an Assistant Manager of the second plaintiffs. A compilation of the original documents is also tendered and taken on record. The plaintiffs have duly proved their claim on the basis of the affidavit and the original documents. The suit shall accordingly stand decreed in terms of prayer Clauses (a) and (b) with the modification that the plaintiffs shall be entitled to the interest at the rate of 9% per annum on the principal sum from the date of the institution of the suit until the decree and realisation thereof. 3 3. Office to refund the Court fee as per rules. ------