1 ss-2124-89 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2124 OF 1989 The Board of Trustees of The Port of Bombay ....Plaintiff V/s. M/s. Rekha Fashion ....Defendants Mr. U.J.Makhija a/w Mr. Parag Khandkar i/b Mulla & Mulla for the Plaintiff CORAM : R.M. SAVANT, J. DATE : 8TH MARCH, 2011. P.C. :- 1 The above suit is filed by the Plaintiff for the recovery of an amount of Rs.7,59,450/- together with further interest on the sum of Rs. 7,50,095.65 paise @ 15% p.a. from the date of the suit till payment or realisation. The said amount is claimed towards the port trust charges, namely the Wharfage charges, demurage charges and sale warehousing charges The Defendants have been served with the Writ of Summons but no written statement has been filed nor any appearance is put up on behalf of the Defendants. 2 The Plaintiff has filed the Affidavit of evidence dated 31-1-2011 of one Mr. Sunil M. Deshmukh, Senior Assistant Traffic Manager. The said Affidavit sets out the evidence in support of the claim of the Plaintiff. In paragraph 6 of the said Affidavit the break up has been mentioned. The said break up discloses that an amount of Rs.672.84 paise is payable towards Wharfage charges, an amount of Rs.7,47,306 is payable towards 2 ss-2124-89 Demurrage charges and an amount of Rs.2,116.80 paise is payable towards Sale Warehousing charges 3 The Plaintiff has also filed the compilation of original documents. The said documents are inter alia as follows: (i) Major General Manifest dated 27-2-1986 (ii) Confiscation order dated 26-2-1987 (iii) Copy of letter dated 5-12-1988 addressed by the Plaintiff to the Defendant (iv)Copy of letter dated 23-12-1988 addressed by the Plaintiff to the Defendant (v) Copy of Bill of Lading in respect of the consignments (vi)Working sheet (vii)Copies of the Docks Scale of Rates (viii)Relevant copies of the Control Register 4 The case of the Plaintiff has gone uncontested, in view of the fact that no Written Statement is filed on behalf of the Defendants. It is required to be noted that in some other cases the Transportation and the Sale Warehousing charges have not been granted. The Plaintiff would therefore be entitled to a decree under Order VIII Rule 10 of the Code of Civil Procedure. The above suit is therefore decreed in terms of prayer clause (a) with the modification that the Plaintiff will be entitled to interest @ 12% p.a. from the date of the suit till payment or realization. Refund of Court fees, if any, as per rules. Decree be drawn up accordingly. (R.M.Savant, J.)