1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2635 OF 1987 The Board of Trustees of the Port of Bombay ... Plaintiff VS. M/s. Sterlite Cables (India) Ltd. ... Defendant Mr. U. J. Makhija i/b. Mulla & Mulla for Plaintiff. Kantilal Kanojia i/b. P.N. Patwardhan for Defendant CORAM: D.G. KARNIK J. DATE: 14/7/2006 P.C.: 1. Heard learned counsel for the plaintiff and the defendant. The defendant has not filed its written statement. The suit shall proceed against the defendant without its written statement. In the absence of the written statement the averments made in the plaint are deemed to be admitted. 2. Considering the nature of the suit which is only for recovery of money, I consider it appropriate to exercise the powers under Order 8 Rule 5(2) read with Order 8 Rule 10 of C.P.C. , and pass the decree. The suit of the Plaintiff is decreed in terms of prayer clause (a). (D.G. KARNIK J.)