1 ss-2517-89 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2517 OF 1989 The Board of Trustees of The Port of Bombay ....Plaintiff V/s. Shri D.M.Gajjar ....Defendant 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.1,53,603.60 paise together with further interest on @ 15% p.a. from the date of the suit till payment or realisation. The said amount is claimed towards the port trust charges, namely the Wharfage charges, demurage charges, and removal charges. The Defendant has 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.264.80 paise is payable towards Wharfage charges and an amount of Rs.1,53,319.20 paise is payable towards Demurrage charges 3 The Plaintiff has also filed the compilation of original 2 ss-2517-89 documents. The said documents are inter alia as follows: (i) Confiscation order passed by Addl. Collector of Customs dated 3-11-1987 (ii) Original Delivery order dated 4-1-1988 issued by Asstt. Collector of Customs (iii) Report on goods sold and cleaned by purchaser. (iv)Copy of letter dated 11-2-1988 addressed to the Vessel Agent M/s. Forbes Campbell & Co. by the Plaintiff (v) Copy of letter dated 16-3-1988 (at Sr.No.4) returned mentioning the relevant information (vi)Copy of letter dated 16-3-1989 addressed to the Defendant by the Plaintiff (vii)Copy of letter dated 20-3-1989 addressed to the Defendant by the Plaintiff (viii)Working sheet (ix)Copies of the Docks Scale of Rates 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. The Plaintiffs would therefore be entitled to a decree under Order VIII Rule 10 of the Code of Civil Procedure. The above suit is therefore decreed in terms of prayer clause (a) with the modification that the Plaintiff will 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.)