1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.1751 OF 1997 The Board of Trustees of the Port of Bombay. ...Plaintiff. Vs. M/s. Century Exports & Anr. ...Defendants. .... 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. July 6, 2009. P.C. The suit has been instituted by the Port Trust for the recovery of a deficit upon a sale that has been conducted by the Port Trust. 2. In June 1993, the Second Defendant as Agents of a vessel discharged one container containing 80 Barrels of automobile used oil into the custody of the Plaintiff. An Import General Manifest dated 2 14th June 1993 has been furnished to the Plaintiff where the consignment was manifested at Item No.95 and the First Defendant was shown as importer/consignee/owner. The General Landing Date and the Last Free Day of the cargo fell on 16th June 1993 and 21st June 1993 respectively. The First Defendant as importer/consignee/owner failed to effect delivery. The Plaintiff called upon the Defendants by letters dated 6th October 1993 and 24th February 1994 to clear the consignments. A notice of sale was published in the newspapers on 21st February 1994 and in the Gazette on 24th February 1994 and the consignment was sold on 11th March 1994 for Rs.1,03,552/-. The total Port Trust charges in respect of the consignee were Rs.1,28,142/-, Customs duty was Rs.36,310/- and sale expenses were amounting to Rs.10,355.20. After adjustment of the expenses and the Customs duty, there was a deficit of Rs. 71,255.64. On 20th April 1996, the Defendants were called upon to pay the deficit outstanding. The Defendants have failed to do so. 3. It has been stated in paragraph 4 of the affidavit in lieu of 3 Examination-in-Chief of the Assistant Dock Manager that the original file of the correspondence is not traceable. However, the Plaintiff has produced copies of the relevant documents in a compilation of the documents. The Defendants have been served with the writ of summons, but have failed to enter appearance. In the absence of any reply, the averments in the plaint and the evidence that has been adduced on behalf of the Plaintiff have remained uncontroverted. The Plaintiff has duly proved their claim on the basis of the evidence on record. 4. The suit shall accordingly stand decreed in terms of prayer clause (a) with the modification that the Plaintiff will be entitled to interest at the rate of 9% per annum from the date of the institution of the suit until payment or realization. ........