The Board of Trustees of the Port of Bombay v. Ravi Shankarlal

..Defendant Mr.U.J.Makhija i/b Mulla & Mulla, Advocate for the Plaintiff. None for the Defendant. ............... ............... CORAM: A.P.DESHPANDE, J. 17th June, 2009. PC:- 1 The Plaintiff “The Board of Trustees of Port of Bombay”, a statutory Corporation, has instituted the present suit for recovery of an amount of Rs.01,49,200/- together with future interest at the rate of 15% per annum on an amount of Rs.01,20,572.20 from the date of filing of the suit till realisation of the amount. Despite service of summons, the Defendant has chosen not to appear. No written statement has been filed and hence, the suit came to be proceeded exparte against the Defendant and listed today for exparte decree. 2 The Plaintiff’s case is that the Defendant is importer/owner/ consignor of the motor car which was imported and was discharged by the vessel in the custody of the Plaintiff. According to the Plaintiff, as per the provisions of the Major Port Trust Act, 1963 the Plaintiff is entitled to charge and levy wharfage, demurrage and other charges in respect of the goods landed and stored by the Plaintiff in the docks of the Mumbai according to the scale of rates duly prescribed, published and brought into force under the said Act.

According to the Plaintiff, in the year 1985 the Defendant imported one Mercedes car which was manifested at Item No.91 in the Import General Manifest No.2449 dated 16.10.1985 of the vessel M.V.Vishva Pankaj. The 2 general landing date and the last free day of the said vessel were 18.10.1985 and 24.10.1985 respectively. Thus, the Defendant was obliged to pay the said charges and take delivery of the consignment within seven days from the date of landing thereof. As the Defendant failed to clear charges and take delivery, the car remained on the premises of the Plaintiff till the same came to be confiscated by an order dated 24.07.1986 passed by the Additional Collector of Customs. By the said order the car was confiscated to the Government. Thus, according to the Plaintiff, it’s charges for a period from last free day till the preceding date of confiscation of the car amounts to Rs.1,20,572.20 under the provisions of the Act.

For recovery of which amount, the present suit has been filed. The Plaintiff is also claiming a sum of Rs.28,627.80 on account of interest on the said sum at the rate of 15% per annum from 18.03.1987 till the date of filing of the suit. 3 The Plaintiff has filed an affidavit of one S.N.Deshmukh, Assistant Docks Manager and Principal Officer of the Plaintiff dated 19.01.2009 with a view to support the claim made in the suit. The Plaintiff has also placed on record the relevant documents including the docks scale of rates then enforced. Photocopies of the relevant entries of the docks scale rates for wharfage, demurrage and other charges reveal that the claim made by the Plaintiff is just and proper. The Plaintiff has also placed on record the compilation of documents in support of the claim. 4 On perusal of the documents and affidavit it is proved that the Plaintiff has made out a case for passing of an exparte decree.

In the result, the Plaintiff’s suit is decreed. The Defendant is directed to pay an amount of Rs. 1,49,200/- to the Plaintiff together with future interest on a sum of Rs. 1,20,572.20 at the rate of 15% per annum from the date of filing of the suit till realisation of the amount. The Defendant shall also pay costs of the suit to the Plaintiff. A decree be drawn accordingly. JUDGE