IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.578 OF 1983 The Board of Trustees of the Port of Bombay .... Plaintiffs Vs. Messrs. Hindustan Engineering Corporation .... Defendants Shri U.J. Makhija i/b M/s. Mulla & Mulla for the Plaintiffs. CORAM: CORAM: CORAM: SHRI A.V. NIRGUDE, J. DATED: DATED: DATED: FEBRUARY 12, 2009 P.C: P.C: P.C: The plaintiffs are seeking recovery of deficit Port Trust charges in this suit. Despite service of summons, the defendants have remained absent. The suit thus was directed to be listed ex parte against the defendants. Pursuant to the same, the plaintiffs have filed today the claim affidavit along with the original documents. Whatever is stated in the plaint, the affidavit and the documents has gone unchallenged on record. It should be presumed that the defendants admitted the assertions of the plaintiffs. The suit thus deserves to be decreed. Accordingly, the suit stands decreed in terms of the prayer clause therein. However, the rate of interest on the sum due from the date of the suit till the amount is realised shall be 9%. The defendants shall also pay the costs of the suit. (A.V. Nirgude, J.) sjs/F9s578.83 sjs/F9s578.83 sjs/F9s578.83