1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1832 OF 1989 The Board of Trustees of the Port of Bombay........Plaintiffs versus M/s. Demco Exports ........Defendants. Mr. U.J. Makhija i/b. Mulla & Mulla adv. for the Plaintiffs None for the Defendants CORAM: A. P. DESHPANDE, J. DATED : 04th MAY, 2009. P.C.: 1. The board of trustees of port of Bombay, a body corporate, has instituted the present suit against the defendant for recovery of an amount of Rs. 72400/- together with future interest on the sum of Rs.69,849.32/- at the rate of 15% per annum from the date of the suit until realization so also the costs of the suit. 2. According to the plaintiff, the defendants imported a consignment of 11 coils of low carbon mild steel which were manifested at item no.44 in the import general manifest no.198 dated 31-1-1986 of the vessel m.v. State of Nagaland. The general landing date and the last free days of the cargo of the 2 said vessel fell on 3-2-1986 and 6-2-1986 respectively. The defendants being importers/owners and consignees of the consignment were bound and liable to take delivery of the consignment within seven days from the date of landing thereof and to pay the plaintiff wharfage and demurrage and other charges which accrued thereon and were payable to the plaintiff for the period during which the consignment remains on the premises of the plaintiff, as per the rates which have been duly prescribed , published and brought into force under the provisions of the Act. According to the plaintiff, the defendant however failed to clear the consignment and it continued to remain on the premises of the plaintiff. 3. By an order dated 7-4-1986 passed by the Assistant Collector of Customs, the consignment was ordered to be confiscated under the provisions of section 111 (d) of the Customs Act read with section 3 of the import an Exports (Control) Act 1947. Perusal of the order of confiscation which is placed on record, it is revealed that the defendant was given an option to clear the said consignment on payment of a fine of Rs.5,000/- in lieu of confiscation. The defendant did not exercise the option and did not claim the consignment. According to the plaintiff the charges in respect of the consignment form the subject matter of the present suit for the period from the last three days till the date prior to the date of order of confiscation, amounted to Rs.69,849.32/-. 4. Despite service of summons, the defendant has 3 chosen not to appear. Thus the suit has proceeded undefended and listed for an ex-parte decree. The plaintiff has filed an affidavit in lieu of examination in chief of its witness by name Shri S.N. Deshmukh and has also filed a compilation of original documents evidencing the transaction in question. As the plaintiff has established its claim for wharfage and demurrage charges in the sum of Rs. 69,849.32/- against the defendant for a period prior to confiscation of the consignment, the plaintiff is entitled to a decree in the said sum so also for an amount of Rs.2550.68/- towards interest at the rate of 15% per annum from 3-11-1988 to 27-2-1989 aggregating to Rs. 72,400/-. Hence the following order. 5. The suit stands decreed in favour of the plaintiff for an amount of Rs. 72.400/- and against the defendant. The defendant shall be liable to pay future interest at the rate of 15% per annum from the date of filing of the suit until realization of the amount in full. The defendant shall also pay costs of the suit to the plaintiff. Suit stands decreed in the above terms. (A. P. DESHPANDE, J.)