KJ 1 IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.3334 OF 1988 The Board of Trustees of the Port of Bombay .. Plaintiffs Vs. M/s. Kiran Products .. Defendants ---- Mr.U.J.Makhija @ Mr.P. Kandhar i/by Mulla & Mulla for the plaintiffs. None for the defendants. ---- CORAM : R.S.MOHITE, J DATE : 21/7/2010 P. C.: 1 The Advocate for the plaintiffs tenders affidavit of plaintiffs in lieu of evidence and the compilation of original documents. Affidavit in lieu of evidence and the plaintiffs’ compilation are taken on record. The documents as contained in the compilation are marked as Exhibit-A (colly). 2 The plaintiffs’ suit is for recovery of statutory dues in the nature of wharfage, demurrage and warehousing charges. The amount claimed is Rs.7,15,000/- together with further interest on the sum of Rs. KJ 2 6,85,804.63/- at the rate of 15% per annum from the date of suit till payment or realization and costs of the suit. 3 The plaintiffs have served the defendants by substituted service after obtaining a chamber order. Affidavit of service dated 21.3.2009 and 12.5.2009 have been filed. The defendants have failed to appear in spite of service. In the circumstances, averments made in the plaint are deemed to have been admitted. In any case plaintiffs have proved their claim by filing the affidavits in lieu of evidence and the original documents which have now been executed. In this view of the matter, suit is decreed in terms of prayer clause-(a) and stands disposed off. (R.S.MOHITE,J.)