1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.4091 OF 1997 The New India Assurance Co. Ltd. and another ..Plaintiffs. Vs. Normar Line Inc. and another ..Defendants. .... Mr. Vinayak Sawant i/b Mr. N.K. Kamat for the Plaintiffs. None for the Defendants. .... CORAM : DR. D.Y. CHANDRACHUD, J. 1st October, 2009. P.C. : 1. In September 1996 the Second Plaintiff exported certain automobile parts under an invoice dated 6th September, 1996 to a third party in Dubai. On 30th September, 1996 the shippers delivered and entrusted to the Second Defendant the aforesaid consignment containing 12 packages for carriage by ship to Dubai. A clean bill of lading was issued by the First / Second Defendants. The Plaintiffs are holders and/or endorsees for value of the shipping documents relating to the consignment. The consignment was insured by the Second Plaintiff with the First Plaintiff 2 under a marine insurance policy. On arrival of the consignment at Dubai on 9th October, 1996 four packages were found to be short landed. A short landing certificate was issued by the Port Authorities at Dubai. The Second Plaintiff lodged a claim with the Second Defendant for loss and damage to the consignment by a letter dated 18th February, 1997. The Defendants failed to settle the claim. The First Plaintiff paid an amount of Rs.70,536/- to the Second Plaintiff under the marine insurance policy upon which the Second Plaintiff issued a letter of subrogation dated 9th September, 1997. The suit has been instituted for the recovery of an amount of Rs.70,536/-. 2. The Defendants have been served with the writ of summons. No written statement has been filed. The suit is transferred to the list of undefended suits on 2nd September, 2005. In the circumstances, the averments contained in the Plaint have not been controverted. The Plaintiffs have filed an affidavit of evidence of a competent officer who has verified the correctness of what is stated therein. A compilation of the original documents has been filed. The claim has been duly proved 3 on the basis of the evidence on the record. The suit shall accordingly stand decreed in terms of prayer clauses (a) and (b) with the modification that the Plaintiffs will be entitled to interest at the rate of 9% per annum from the date of the suit until payment or realization. *****