- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.3832 OF 1997 M/s. Godrej Soap Limited & Anr. .... Plaintiffs Vs. M/s. Asia Pacific Parcel Tankers PTE Limited .... Defendants Mr. V.S. Amin for the Plaintiffs. None for the Defendants. CORAM: DR. D.Y. CHANDRACHUD, J. DATED: 30TH JUNE, 2009 P.C: 1. The suit has been instituted for recovery of an amount of Rs.1,42,831/- together with interest. 2. The first plaintiff imported a consignment of 1251.031 M.T. Of Palm Fatty Acid Distillate which was entrusted to the defendants as the owners and/or charterers of a Steamship Vessel for carriage and safe delivery from the Port of Klang to Mumbai. The defendants issued a bill of lading dated 18 th September, 1996. On - 2 - arrival there was a short delivery of 15.081 M.T.. A survey was carried out by M/s. Inmartech as independent surveyors. The survey report dated 27 th December, 1996 confirmed the short delivery of 15.081 M.T.. The first plaintiff had insured the consignment with the second plaintiff against transit risk and lodged a claim of Rs.1,42,831. The claim was paid by the second plaintiff to the first plaintiff. The first plaintiff has executed a letter of subrogation and a Special Power of Attorney in favour of the second plaintiff. 3. The defendants have been served with the writ of summons, but have failed to enter appearance. An affidavit of service has been filed. The plaintiffs have filed an affidavit in lieu of examination-in-chief of an Assistant Manager of the second plaintiff. The claim in the suit has been duly proved on the basis of the affidavit and a compilation of the original documents which is tendered and taken on the record. The suit shall accordingly stand decreed in terms of prayer Clauses (a) and (b) with the modification that the plaintiffs shall be entitled to interest at the rate of 9% per annum on the principal sum from the date of the institution of the suit until payment or - 3 - realisation. There shall be a refund of the Court fee, if any, in accordance with the rules. ------