The court decreed a suit filed by the Board of Trustees of the Port of Bombay for recovery of a deficit on account of wharfage, demurrage and other charges, directed against the defendant for want of a written statement.
The suit was decreed for Rs.5,00,537.06 with 9% interest per annum and costs.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
SUIT NO. 1582 OF 1988
The Board of Trustees of the Port of Bombay.
... Plaintiffs.
V/s.
M/s. Meghdoot Plastic Corporation.
... Defendants.
Mr. U.J. Makhija i/b. Motiwala & Co. for the Plaintiffs.
None for the Defendents.
CORAM : DR. D.Y. CHANDRACHUD,J.
14TH SEPTEMBER, 2006.
P.C. :
| 1. | The suit has | been | institu | ted by | the Bo | ard of | ||||
|---|---|---|---|---|---|---|---|---|---|---|
| Trustees | of the |
Port | of | Mum | bai | for the |
recove |
ry of |
the | |
| deficit | on account |
of | w | harfage | , d |
emurrage | and | other | ||
| charges. | The | suit | is | filed | for |
the | recovery | of a |
total | |
| sum | of | Rs.5,00,537.0 | 6 | toget | her | with | futur |
e int |
erest on |
the |
| principal | sum. | The | Defend | ants | have | not | filed | their | ||
| written | statement | in | the | suit | which | was | instituted | in | ||
| 1988. | Accordingly, | by | an | order | dated |
25th | August | 2006, |
the suit was directed to proceed against the Defendant for
want of a written statement.
2. The Plaintiffs have filed an affidavit in lieu of
the examinaion-in-chief of the Assistant Docks Manager.
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tendered and is taken on record. The claim in the suit is
proved.
| Rs.5,00,53 | 7.06. | The |
Plaintiff | s | shall | be | entitled | to | ||
|---|---|---|---|---|---|---|---|---|---|---|
| interest | at | the | rate of |
9% | per | annum | on | the | principal | sum |
| of | Rs.4,58,1 | 71.87 | from | the | date | of | the | institu | tion of |
the |
suit till payment or realisation and to the costs of the
suit.
D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
