The court decreed Suit No. 1505 of 1988 in favor of the Plaintiff, Board of Trustees of the Port of Bombay, for recovery of wharfage and demurage charges.
Decree for Rs. 79,783.75 along with interest and costs of the suit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
:1:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
SUIT NO. 1505 OF 1988
The Board of Trustees of the Port of Bombay.
... Plaintiffs.
V/s.
M/s. Arvind Exports Pvt. Ltd. & Another. ... Defendants.
Mr. Dolly Katkoria i/b. Motiwala & Co. for the Plaintiffs.
None for the Defendents.
CORAM : DR. D.Y. CHANDRACHUD,J.
14TH SEPTEMBER, 2006.
P.C. :
| 1. | Th | e suit h | as been in | stituted | by the Boa | rd of | ||||
|---|---|---|---|---|---|---|---|---|---|---|
| Trustees | of | the | Port | of |
Mumbai | for | the | reco | very | of an |
| amount | of | Rs. | 79,783.75 | t | owards | wh | arfage | and | demurage | |
| charges | toge | ther | with | further | interes | t a |
t | the | rate | of 15% |
| per | annum | on | the |
princip | al sum |
of | Rs. | 71,683 | .75 | from the |
date of the institution of the suit till payment or
realization and for costs of the suit.
| 2. | The | Defende | nts have | not | filed | their | written | ||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| statement | in | the | suit | wh | ich | has | been |
institut |
ed | in | 1988. |
| A decree |
has | already | bee | n | passed | against | the | second | |||
| Defendant | on | 12th | Ma | rch | 199 | 0. | In | so far |
as | the | first |
| Defendant | is | con | cerned, | by | an | order | dated | 25th | August |
2006, the Suit was directed to proceed for want of written
statement.
:2:
| 3. | The Pl | aintiffs ha | ve filed an affidavit | in lieu of | |||
|---|---|---|---|---|---|---|---|
| the | examinatio | n-in-chief | of the |
Assi | stant | Docks | Manager. |
| A | compilation | of | the documents |
has |
been | tendered | and is |
| taken | on rec |
ord. | The claim |
in th |
e suit |
stand |
s proved. |
| Accordi | ngly, the |
suit | stands |
decreed | in | the a |
mount of |
| Rs.79,78 | 3.75. | The | Plaintiffs | are | entitled | to |
interest on |
| the | principal | sum | of Rs.71,683.7 |
5 at |
the | rate of |
9% per |
annum from the date of the institution of the Suit till
payment or realisation and to the costs of the suit.
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
