1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.2992 OF 1988 The Board of Trustees of the Port of Bombay. ...Plaintiff. Vs. M/s.Servo Woollen Mills. ...Defendant. .... Mr.U.J.Makhija with Mr. Parag Khandhar i/b. Mulla & Mulla for the Plaintiff. None for the Defendant. ..... CORAM : DR.D.Y.CHANDRACHUD, J. June 25, 2009. P.C. The suit has been instituted by the Board of Trustees of Port of Mumbai for the recovery of pre confiscation charges. The Defendants imported containers containing 306 bales of woollen rags in May 1985. The consignment was manifested at Item No.41 of the Import General Manifest No.1163, dated 17th May 1995 of the vessel. By an order dated 6th August 1986, the consignment was confiscated by the Additional Collector of Customs under the Customs Act, 1962. The consignment incurred Port Trust charges in 2 accordance with the Dock Scale of rate. The suit has been instituted for the recovery of statutory charges. The Plaintiff has relied upon an affidavit in lieu of Examination-in-Chief of the Assistant Dock Manager and a compilation of the documents which is taken on record. The claim has been duly proved on the basis thereof. The suit shall accordingly stand decreed in terms of prayer clause (a) with the modification that the Plaintiff would be entitled to the interest at the rate of 9% per annum on the principal sum from the date of the institution of the suit till the payment or realization. ....