IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT No.1254 of 1998 THE BOARD OF TRUSTEES OF THE PORT OF BOMBAY ..PLAINTIFFS VS. VIBHUTI EXPORTS & ANR .. DEFENDANTS Mr. U.J.Makhija i/b Mulla & Mulla & CBC for the Plaintiffs None for the Defendants CORAM: DR. D.Y.CHANDRACHUD, J DATE : 27TH AUGUST, 2009 P.C. 1. The suit is filed by the Port Trust for the recovery of a deficit that has accrued after a sale conducted by the Port Trust for the recovery of statutory charges. 2. In August 1994, the 2nd Defendant, as agents of a Vessel discharged into the custody of the Plaintiffs two containers which contained waste oil. Prior thereto, Defendant No.2 has furnished the Import General Manifest dated 5th August, 1994, under which the consignment was manifested and Defendant No.1 was shown as importer / consignor / owner. The General Landing Date and the Last Free Day of the cargo were 5th October, 1994 and 10th August 1994. Defendant No.1 as importer / consignor / owner and Defendant No.2 as bailor of the consignment, failed to clear the consignment within two months. The Plaintiffs addressed a letter dated 15th October, 1994, requiring the Defendants to clear the goods. Since the consignment was not cleared, the goods were notified for sale in the newspapers on 31st January 1995 and in the Gazette on 2nd February 1995. The consignment was sold in a public auction on 15th February 1995, in the amount of Rs.2,05,064.30. After accounting for the Port Trust charges including Wharfage and Demurage in accordance with the Dock Scale of Rates as well as customs duty and expenses of sale , there was a deficit of Rs.2,08,612.61. 3. The Defendants have been served with the Writ of Summons, but have failed to enter appearance. In the circumstances, the averments contained in the plaint have not been controverted. The Plaintiffs have filed an Affidavit in lieu of examination-in-chief of the Assistant Docks Manager and Principal Officer. The Deponent of the Affidavit is personally present in the Court and verifies the correctness of what is stated in the Affidavit. A compilation of documents has also been filed which contains the allocation sheet, the sale warehouse register, and the valuation sheet maintained in the usual course of business. The claim has been duly proved on the basis of the Affidavit of evidence and the compilation of original documents on the record. The suit shall accordingly stand decreed in terms of prayer clause (a) with the modification that the Plaintiffs shall be entitled to interest @ 9% p.a., from the date of the suit until payment or realization. (Dr. D.Y.Chandrachud, J)