1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.752 OF 1985 The Board of Trustees of the Port of Bombay ....Plaintiff V/s. M/s.Sevantilal & Brothers s....Defendant Mr.U.J. Makhija i/b Mulla & Mulla & C. B. & Co. for the Plaintiff. None for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 10TH NOVEMBER, 2009. P.C. :- 1. The suit is filed to recover a sum of Rs.4,63,000/- with interest at 15% p.a. on 4,51,878=90 ps. The Defendant was the importer of the consignment of Polyvinyl Chloride. 6996 bags were landed out of which only 5156 bags were cleared. The Defendants though liable to clear the same, did not do so within the stipulated period. The Plaintiff therefore sold the said consignment and appropriated the sale proceeds towards their dues for demurrage. The suit is filed to recover the balance demurrage after giving the credit for the amounts recovered pursuant to the sale proceeds. 2. The Plaintiff has examined one I.S. Swami, Assistant Dock Manager and has filed an affidavit in lieu of the examination in chief. A compilation of the documents was also tendered and taken on record. The 2 Defendants are absent. 3. There is no defence to the suit. There is nothing on record that militates against the Plaintiff’s claim in suit. 4. In the circumstances, the suit is decreed as prayed. Refund as per rules.