1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.35 OF 1984 The Board of Trustees of The Port of Bombay .. Plaintiff Versus Shakti Exports Pvt.Ltd. .. Defendants Mr.U.J.Makhija with P.Khandhar i/b. M/s.Mulla & Mulla for plaintiff None for defendants CORAM : S.C.DHARMADHIKARI, J. DATE : 8th December 2008 P.C. . None has appeared for the defendants, although, writ of summons has been duly served. Mr.Makhija states that no appearance has been filed and, therefore, there is no denial of claim raised nor is any dispute about the liability. 2. It is stated that the claim of the plaintiff was crystalised after the consignments 2 were sold on 22nd April 1980 and the present suit is filed on 21st April 1983. It is stated that the defendants have their registered office in Mumbai and they carry on business in Mumbai. The entire cause of action has arisen in Mumbai and, therefore, this Court has jurisdiction to entertain and try the suit. Necessary averments in this behalf are to be found in paras 25 and 26 and I am, therefore, satisfied that the suit claim is within limitation and this Court has jurisdiction to entertain and try the suit. 3. On merits of the suit claim, which is recovery of Port trust dues with regard to the consignment in question, there is absolutely no denial of the averments in paras 1 to 24 of the plaint. Even otherwise, they have been proved by filing an affidavit of the Assistant Docks Manager and Principal Officer who has deposed on the basis of the records maintained in the plaintiffs’ office. From the statements made in 3 paras 2 to 25 of the affidavit in lieu of examination in chief filed on 29th November 2008, it is apparent that he has proved the plaint averments and the contents of the documents relied upon. Each of the Annexures to the plaint has been referred to by him in his affidavit and he has stated that the contents thereof are true and correct. 4. Plaintiffs have filed compilation of documents. The documents which are compiled in the compilation so also annexed to the affidavit in lieu of examination in chief are taken on record and marked "X" and "x-1" respectively for identification. Since the defendant has failed to appear despite receipt of writ of summons nor is there any defence raised to the claim and having satisfied myself that the plaintiffs are entitled to the relief claimed, I proceed to decree the suit. The suit shall stand decreed as prayed and the Registry to compute Advocate’s 4 cost as per rules. (S.C.Dharmadhikari, J)