1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.3525 OF 1997 M/s. Godrej Soaps Limited and another ..Plaintiffs. Vs. M/s. Globlink Maritime Inc. ..Defendant. .... Mr. V.S. Amin for the Plaintiffs. None for the Defendant. .... CORAM : DR. D.Y. CHANDRACHUD, J. 29th June, 2009. P.C. : 1. The suit has been filed for the recovery of an amount of Rs. 1,51,881/- together with interest. The First Plaintiff imported a consignment of 1499.555 M.T. of Crude Palm Stearine which was entrusted to the Defendants as owners and/or charterers of a steamship vessel for carriage and safe delivery from the port of Belawan (Indonesia) to Mumbai. The consignment was insured by the First Plaintiff with the Second Plaintiff against transit risk under an insurance policy. The Defendant issued a bill of lading dated 7th September, 1996. When the 2 consignment arrived at Mumbai, at the time of discharge there was a short delivery of 17.365 M.T. of Crude Plam Stearine. The shortage was confirmed by an independent surveyor M/s. J.B. Boda Surveyors Pvt. Ltd. who submitted their survey report dated 12th April, 1997. The First Plaintiff lodged a demand on the Second Plaintiff under the insurance policy against which the Second Plaintiff paid an amount of Rs.1,51,881/. The First Plaintiff has executed a letter of subrogation and a power of attorney in favour of the Second Plaintiff. 2. The Defendant has been served with the writ of summons, but has failed to enter appearance. The Plaintiffs have tendered an affidavit in lieu of the examination in chief of the Assistant Manager of the Second Plaintiff. A compilation of the original documents has also been filed. The affidavit of evidence recites the facts which have already been adverted to above. In the absence of any contest by the Defendant, the evidence which has been adduced on behalf of the Plaintiffs and the pleadings have remained to be controverted. The claim has been duly proved. In the circumstances, the suit shall stand decreed in terms of 3 prayer clauses (a) and (b) with the modification that the Plaintiffs shall be entitled to interest at the rate of 9% p.a. on the principal sum from the date of the institution of the suit until payment or realization. There shall be a refund of Court fees, if any, as per rules. *****