IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1514 OF 1989 The Board of Trustees of the Port of Bombay. ..... ...Plaintiff V/s M/s.Effkay Intrenational & Anr. ..... ..... ...Defendants. Ms.Preeti Shah i/by Motiwala & Co., Adv. for the plaintiffs. None for the defendants. CORAM: A.P.DESHPANDE, J. 13th April, 2009. PC: Heard learned counsel for the plaintiff. Despite service of summons the defendants have chosen to remain absent. The suit is proceeded against the defendants undefended. Learned counsel for the plaintiff thus requests the court to pass a decree under order 8 rule 5(2) of the Code of Civil Procedure. 2. The plaintiff is a statutory corporation constituted under the provisions of Major Port Trusts Act. Defendant No.1 is a proprietary concern of which defendant No.2 is the proprietor. Defendant Nos. 1 and 2 were the importers/consignees of the suit consignments referred to in the plaint. In or about May 1986 the defendants imported nine consignments consisting of 92 cartons of polyester fabric which was manifested at item Nos.220 to 228 of IGM No.845 dated 1.5.86 and the same was in due course unloaded and landed at 1 the port of Bombay on 1.5.86. The suit consignments was lying at the port of Bombay in the landing shed of the plaintiff from 1.5.86 to 15.2.88. Before the consignment could be cleared by clearing agent of of the defendants the consignment was seized by the Collector of Customs, Bombay under seizure order dated 15.2.88. As the consignment remained in the custody of the plaintiff the plaintiff by filing the present suit has claimed warfage and demurrage charges to the tune of Rs.4,06,667.85 accrued on the said consignment. Despite demand made by the plaintiff claiming the said amount from the defendant vide letter dated 5.9.88 and 23.9.88 the defendants did not pay the amount. Hence the present suit for recovery of the said amount has been instituted. The plaintiff is praying for passing of decree in the sum of Rs.4,47,334/65 together with future interest at the rate of 15% p.a. On the sum of Rs.4,6,667/85. 3. An affidavit in lieu of oral evidence has been filed by the Assistant Docks Manager an authorized signatory of the plaintiff dated 15.1.09. The witness has stated in the said affidavit the details in regard to the rate to be charged for warfage and demurrage and the particulars of the claim amount are set out in para 6 in minuet details with a view to substantiate the claim. Besides filing affidavit in lieu of oral evidence affidavit of documents along with compilation of documents have been placed on record. The documents tendered by the plaintiff are taken on record and marked `X' for identification collectively. The suit has been filed within limitation. The plaintiff's 2 claim made in the plaint is substantiated by the documents placed on record. The documents read in the light of affidavit in lieu of oral evidence leave no room of doubt that the plaintiff has succeeded in establishing its claim against the defendants. In the result decree shall follow. Hence suit is decreed as prayed for. Defendants are directed to pay sum of Rs.4,47,334/05 together with interest at the rate of 15% p.a. From the date of filing of the suit till realisation of the amount on Rs.4,6,667/85. Defendants would also be liable to pay costs to the plaintiff. Suit is decreed and disposed of. 13.4.2009. 3