1 srk IN THE HIGH COUT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 923 OF 2003 The Board of Trustees of the Port of Mumbai .. Plaintiffs vs Viral Syntex Ltd. & Anr. .. Defendants Ms. Preeti Shah i/b Motiwalla & Co. for the Plaintiffs. None for Defendants. CORAM: A.S.OKA,J DATE: 5th November, 2009. JUDGMENT: 1 The suit is listed under the caption of ‘undefendant suit for exparte decree’. 2 The plaintiffs are a statutory corporation constituted under the provisions of the Major Port Trusts Act, 1963 (hereinafter referred to as ‘the said Act’). The first defendants are the consignees/importers/bailors/owners of the consignment which is subject matter of the suit. The second defendants are a firm and are the clearing agents of the first defendants and as such the Bill of Lading was endorsed to the second defendants. It is contended that the second defendants are the agents for the sale and custody of the consignment, therefore, they are owners within the meaning of the said Act. 2 3 In May, 1996 the first defendants imported a consignment of one container containing 42 packages of Polyester Waste weighing 14,800 kgs which was manifested at Item No. 81 of the Import General Manifest No. 1389, dated 27th May, 1996 of the vessel IBN Abdoun. As the consignment was not cleared for the period of more than two months, a letter was issued by the plaintiffs informing the first defendants that if the consignment was not cleared within a period of 10 days, the same shall be sold by public auction under sections 61 and 62 of the said Act. As the consignment was not cleared, auction notice was published in Government Gazette as well as in the local news- papers. 4 On 19th January, 2001 the consignment was sold for the price of Rs.1,17,216/-. The plaintiffs have claimed that the Port Trust Charges accrued on the said consignment amounted to Rs.1,16,692/-, Customs duty amounted to Rs.47,063/- and Expenses of Sale amounted to Rs. 11,722/-. After adjusting sale price, a deficit amount of Rs. 58,261/- remained. The plaintiffs have relied upon the demand notices issued by them to the defendants calling upon them to pay the said amount. As the amount was not paid, the present suit has been filed claiming deficit amount as well as interest thereon at the rate of 18% per annum up-to the date of institution of the suit. 3 5 The plaintiffs have filed affidavit of documents of Mr. I.S. Swami, an Assistant Docks Manager and its authorized signatory. An affidavit in lieu of evidence or examination-in-chief of the same officer has been filed along-with the original documents. Perusal of the affidavit in lieu of examination-in-chief and original documents shows that the case of the plaintiffs has been established. The first defendants are consignees and the second defendants are the endorsees of the Bill of Lading. The affidavit as well as the documents produced on record establish the case made out by the plaintiff as regards the sale of consignment. Office copies of the Notices are placed on record. In the circumstances, the plaintiffs are entitled to a decree as prayed for. Considering the facts of the case and nature of the dispute, further interest deserves to be granted at the rate of 9% per annum. 6 Hence, I pass following order: i) The suit stands decreed in terms of prayer clause (a) with a modification that further interest from the date of the suit will be payable at the rate of 9% per annum. ii) The plaintiffs shall be entitled to refund of court fees as per rules. Judge.