Dmt v. Shine Woollen Mills Pvt. Ltd
Case at a glance
Provisions considered
- Major Port Trusts Act, 1963 ss. 61, 62, 63
- Code of Civil Procedure, 1908 O. VIII r. 10
Judgment
Plaintiff. Versus Shine Woollen Mills Pvt. Ltd. … Defendant. Mr. U.J. Makhija i/by Mulla & Mulla for the Plaintiff. CORAM : A.A. SAYED, J. DATE : 24 FEBRUARY 2012. P.C.
The Plaintiff has filed the above suit to recover Port Trust charges amounting to Rs. Rs.1,03,211.72 paise together with interest on the principal amount at the rate of 18% per Dmt 2 s4678-93 annum from the date of suit till payment or realization and costs of the Suit.
The Plaintiff are the owners of Docks at Mumbai. In July, 1989, the Defendant imported a consignment of one container bearing no. APLU 960736 containing 52 bales Woollen rags, which were discharged into the custody of the Plaintiff at the Port of Mumbai from the vessel m.v. EAGLE ‘ STAR . Prior to the berthing of the said vessel, the Agents of ’ the said vessel had furnished to the Plaintiff an Import General Manifest showing the cargo which were intended to be discharged from the said vessel at the Port. In the said Import General Manifest bearing No. 1936 dated 31st July 1989 the Defendant was shown as the importer/consignee/owner of the said consignment at Item No. 81. The General Landing Date and the Last Free Day of the cargo of the said vessel fell on 9th August 1989 and 14th August 1989. Dmt 3 s4678-93
The Defendant who was owner of the said consignment was required to clear the said consignment but they failed to do so. The Plaintiff therefore called upon the Defendant to clear the said consignment by letters dated 8th June 1990 and 18th June 1990 and since they failed to do so, the Plaintiff became entitled to sell the said consignment under Sections 61 and 62 of the Major Port Trusts Act, 1963.
After following due procedure, viz. publication in the Official Gazette and advertisements in newspapers, the said consignment was put up for sale and was sold on 31st December 1990 under Lot No. EE/0692 for Rs.1,08,676/- paise. The sale proceeds were adjusted in accordance with the provisions of Section 63 of the Major Port Trusts Act, 1963 towards expenses of sale, customs duty and Port Trust charges. After adjusting the sale proceeds, a sum of Rs.97,182.46 paise remained in deficit which the Plaintiff became entitled to recover. Dmt 4 s4678-93
By letters dated 10th June 1993, 21st June 1993, 23rd July 1993 and 2nd August 1993 the Plaintiff called upon the Defendant to pay the said amount but the Defendant failed to do so. The Plaintiff has therefore filed the above suit.
The Defendant has failed to file appearance and Written Statement despite service of Writ of Summons. The claim of the Plaintiff has gone uncontroverted. The suit is listed for ex-parte decree.
The Plaintiff have filed an Affidavit in lieu of Examination-in-Chief and Compilation of original documents and the claim of the Plaintiff stands proved on the basis thereof. The Plaintiff have made out a case for grant of reliefs and they are entitled to a decree under Order VIII Rule 10 of the Code of Civil Procedure, 1908.
The suit shall stand decreed in terms of prayer clauses (a) and (b) with a modification that the Plaintiff shall Dmt 5 s4678-93 be entitled to interest @ 9% per annum from the date of suit till realization.
Questions this judgment answers
Which statutory provisions did this judgment involve?
Major Port Trusts Act, 1963 — ss. 61, 62, 63; Code of Civil Procedure, 1908 — O. VIII r. 10.
Which court decided this case, and when?
Bombay High Court, on 24 Feb 2012. The bench was A A SAYED.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.