1 ss-2516-89 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2516 OF 1989 The Board of Trustees of The Port of Bombay ....Plaintiff V/s. M/s. Enspire International ....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.2,31,500/- together with further interest on the sum of Rs. 2,30,054.33 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 Wharfage charges, demurage charges, sale warehousing charges and removal 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.358.43 paise is payable 2 ss-2516-89 towards Wharfage charges, an amount of Rs.2,26,901.40 paise is payable towards Demurrage charges, an amount of Rs.567 is payable towards Sale warehousing charges, and an amount of Rs.2,227.50 paise towards Removal Charges. 3 The Plaintiff has also filed the compilation of original documents. The said documents are inter alia as follows: (i) Confiscation order passed by Addl. Collector of Customs dated 5-5-1987 (ii) Copy of letter dated 22-2-1988 addressed by the Plaintiff to the Defendant (iii) Copy of letter dated 4-5-1988 addressed by the Plaintiff to the Defendant (iv)Copy of letter dated 26-9-1988 addressed to the Vessel Agent M/s. Lloyd Triestiyo by the Plaintiff (v) Original letter dated 7-10-1988 addressed to the Plaintiffs by the Vessel Agent M/s.Lloyd Triestyo,along with copy of Bill of Lading. (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 Removal charges have not been granted. The Plaintiff would, therefore, be entitled to a decree in terms of Order VII Rule 10 of the Civil Procedure Code, 1908. The decree 3 ss-2516-89 would be in terms of prayer clause (a) with the modification to the extent of excluding the Sale Warehousing charges and Removal charges. However the Plaintiff would 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.)