1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.1471 OF 1999 Central Warehousing Corporation ..Plaintiff. Vs. M/s. Zinc Smelters & Refiners ..Defendant. .... Ms. S.I. Shah for the Plaintiff. None for the Defendant. .... CORAM: DR. D.Y. CHANDRACHUD, J. 7th February, 2008. P.C. : 1. The suit has been instituted by the Central Warehousing Corporation for the recovery of an amount of Rs.11,92,000/- towards warehouse management charges together with interest. The Plaintiff which is a statutory body established under the Warehousing Corporation Act, 1956 operates bonded warehouses. By a letter dated 12th December, 1989 the Defendants requested the Plaintiff to operate a bonded warehouse by handing over possession of a warehouse admeasuring approximately 500 sq. mtrs. situated at C-14, MIDC, Lote Parshuram, Taluka Khed, District Ratnagiri. The offer of the Defendants was accepted by the Plaintiff. By a letter dated 23rd April, 1990 the Defendants 2 forwarded the terms and conditions for operating a public bonded warehouse together with a no objection certificate, allowing the Plaintiff to operate a public bonded warehouse on the suit premises. Under the terms and conditions that were agreed the Plaintiff was entitled to claim an amount of Rs.15,000/- per month towards management charges for an area admeasuring approximately 400 sq. mtrs. The Defendants made payment of the warehousing charges between 14th June, 1990 and 24th May, 1991 at the rate of Rs.12,000/- per month and from 24th May, 1991 to 30th September, 1993 at the rate of Rs.15,000/- per month. The warehousing charges were not paid thereafter with effect from 1st October, 1993 till 30th November, 1993. With effect from 1st December, 1993 the warehousing charges were increased to Rs.16,500/- per month whereas with effect from 1st April, 1996 there was a further revision to Rs.20,000/- per month. By their letters dated 21st October, 1994 and 14th August, 1995 the Plaintiff called upon the Defendants to pay the management charges which the Defendants failed to pay. 2. The suit has accordingly been instituted for the recovery of arrears. The Defendants have not entered appearance. An 3 affidavit of service has been filed stating that the postal packet sent to the Defendants was returned with a remark “unclaimed Returned to Sender”. This shall be treated as valid service of the writ of summons. The Plaintiff has relied upon an affidavit in lieu of examination-in-chief of its witness and a compilation of the original documents. In the absence of any contest, and in view of the evidence which has been placed on the record, the claim has been duly established. The suit shall accordingly stand decreed in terms of prayer clauses (a) and (b) with the modification that the Plaintiff would be entitled to interest at the rate of 6% per annum from the date of the suit until payment or realization.