:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2698 OF 1998 SUIT NO. 2698 OF 1998 SUIT NO. 2698 OF 1998 The Board of Trustees of the Port of Mumbai ..Plaintiffs versus M/s. Eskay Management Services Ltd. & Anr. ..Defendants Mr. U. J. Makhija with Mr. Parag Kandahar i/b. M/s. Mulla & Mulla & Craigie Blunt & Caroe for the Plaintiffs. None for the Defendants. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 7TH JANUARY, 2008. DATE : 7TH JANUARY, 2008. DATE : 7TH JANUARY, 2008. P.C. P.C. P.C. . This is a suit for recovery of a sum of Rs.11,46,149.17 paise with further interest on the sum of Rs.10,08,836.41 paise at the rate of 18% per annum from the date of the suit till payment or realisation and costs of the suit. 2. The suit has proceeded exparte against the defendants. According to the plaintiffs which is a Mumbai Port Trust constituted under the provisions of the Major Port Trusts Act, 1963, the 1st :2: defendant imported to the 2nd defendant a consignment of 13 containers said to contain Non Alloy Re-rollable Scrap which is manifested at Item No. 207 in the Import General Manifest No. 1842 dated 28.6.1994 of the vessel M.V. "ANNAPURNA". 3. The goods were however not cleared for a period of over two months from the date of landing and were put up for sale. The Plaintiffs addressed several notices to the defendants which are on record, clearly warning the defendants that if the defendants failed to clear the consignment, the goods would have to be sold without further notice. Eventually after publishing notices in the issue of Times of India of 27.9.1994 and in the Maharashtra Government Gazette dated 29.9.1994 as required by the Act, the consignment was sold on 1.6.1995 for a sum of Rs.22,69,490.90 paise. According to the plaintiffs after payment of customs duty, etc. there remained a deficit of Rs.10,08,836.41 paise towards Port Trust charges. The plaintiffs adjusted the sale price as follows: Towards Expenses of Sale Rs. 2,26,949.09 ps. Towards Customs Duty Rs. 8,59,869.22 ps. Towards Port Trust charges Rs.11,82,672.59 ps. :3: ------------------- Total Rs.22,69,490.90 ps. ------------------- The plaintiffs thereafter issued a notice of demand which was denied by the defendants by its reply dated 15.9.1997. The suit has been thereafter filed by the Plaintiffs. 4. The plaintiffs has filed an Affidavit of Evidence of one Sanjay Sawant working as Assistant Docks Manager in the office of the Plaintiffs. The witness has submitted the Letter of Authority from the Plaintiffs dated 9.11.2005. The plaintiffs has also filed compilation of documents containing 13 documents, the same are marked as Exhibits P-1 to Exhibits P-1 to Exhibits P-1 to P-13. P-13. P-13. 5. The statements in the Affidavit of Evidence bear out the plaint averments. As observed earlier, there is no written statement and none has appeared on behalf of the Defendants to cross-erxamine the plaintiffs witness. Having regard to the documents on record, which clearly show the import of the consignment and sale of the consignment after notice :4: to the defendants, it appears clear that there is a deficit in the charges recoverable by the plaintiffs after payment of Customs Duty etc. In the circumstances, the suit is liable to be decreed and is hereby decreed in the sum of Rs.10,85,121.41 paise with further interest on Rs.10,08,836.41 paise with interest at the rate of 10% per annum from the date of the suit till payment or realisation and costs of the suit. Decree be drawn accordingly. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)