1 S.1146.79.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1146 OF 1979 The Cotton Corporation of India Ltd. ...Plaintiffs Vs. M/s. Niranjan Piramal Mills. Ltd. ...Defendants Mr. Rishabh Shah a/w. Mr. U.M. Mahajan a/w. Ms. Samita Karnik i/b. Divekar & Co., for the Plaintiffs None for the Defendants CORAM : SMT. ROSHAN DALVI, J. DATED : 26TH JULY, 2011 JUDGMENT : 1. The Plaintiffs have sued for recovery of Rs.4,02,590.88 as damages for the loss suffered by the Plaintiffs upon the breach of the contract committed by the Defendant in failing to take delivery of the goods imported by the Plaintiffs as required by the Defendants. 2. It is the case of the Plaintiffs as made out in the affidavit of examination-in-chief of the Plaintiff’s witness that the Defendants required the Plaintiffs to import the goods. The suit goods were imported. These were 221 bales of Guatamala cotton of a specified value of Rs.4150/- per candy at a specified rate per bale. Upon the arrival of the goods the goods had to be lifted by the Defendants which the Defendants failed to do. The Plaintiffs had to incur demurrage, storage and carrying charges. Thereafter the Plaintiffs had to resell goods. On resale the Plaintiffs incurred a loss. It is that amount with interest and the carrying charges which the Plaintiff 2 S.1146.79.sxw claims. 3. The Defendants have filed their written statement, but later sought not to defend. The Defendants addressed a letter dated 16th May 2011 to the Prothonotary and Senior Master of this Court upon the notice issued by the Prothonotary and Senior Master pursuant to directions of this Court upon the Defendants to remain present in Court. The Defendants have not defended the Plaintiff’s claim. 4. The Plaintiffs have tendered affidavit of documents as well as affidavit of evidence. The statements in the affidavit of documents remained un-controverted. The documents tendered by the Plaintiffs are taken on record and marked Exhibit-A (colly) alongwith one copy of a Trade Circular dated 22nd June 1977 which had remained to be put in the compilation of the Plaintiffs’ documents. The Plaintiffs are entitled to the relief sought in the suit. 5. The suit is decreed in terms of prayer (a) with further interest @ 6% p.a from the date of this judgment until payment/realisation. 6. The original documents of the Plaintiffs shall be returned to the Plaintiffs upon production of xerox copies thereof. (SMT. ROSHAN DALVI, J.)