IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT No.5436 of 1998 The Board of Trustees of The Port of Bombay ..PLAINTIFFS VS. Singh Scrap Processors Pvt Ltd. & Ors .. DEFENDANTS Mr. Y.J.Makhija with Mr. Parag Khandhar i/b Mulla & Mulla for the Plaintiffs None for the Defendants CORAM: DR. D.Y.CHANDRACHUD, J DATE : 1st SEPTEMBER, 2009 P.C. 1. The suit has been instituted by the Port Trust for the recovery of a deficit that has accrued upon a sale conducted by the Port Trust in exercise of all its statutory powers under the Major Port Trusts Act, 1963. 2. In March 1994, Defendant Nos. 2 and 3, as Vessel agents discharged into the custody of the Plaintiffs, five containers, containing Scrap of LPG Gas Cylinder at the Docks at Mumbai. An Import General Manifest dated 24th March 1994, reflected the name of Defendant No.1 as importer / consignee / owner. The General Landing Day and the Last Free Days, of the cargo were 24th and 28th March 1994. As the Defendants failed to clear the consignment within two months, letters were addressed by the Plaintiffs on 17th June 1994. Since the consignment was not cleared, the Plaintiffs issued a notice of sale in the newspapers and in the Government Gazette. The consignment was sold on 16th October 1995. After accounting for the Port Trust charges including Wharfage, demurrage, sale expenses and customs duty, there was a deficit of Rs.4,12,250.34. 3. The Defendants have been served with the Writ of Summons. No appearance has been entered and no Written Statement has been filed. In the circumstances, the averments contained in the plaint have not been contested. The Plaintiffs have relied upon an Affidavit in lieu of examination-in-chief of the Assistant Docks Manager, who verifies the correctness of what is stated therein. A compilation of the original documents has been filed including the allocation sheet; sale warehouse register; and valuation sheet maintained in the course of business. The claim has been duly proved. The suit shall stand accordingly decreed in terms of prayer clauses (a) and (b), with the modification that the Plaintiffs will be entitled to interest @ 9% p.a. from the date of the suit till payment or realization. (Dr. D.Y.Chandrachud, J)