2011 (1) TMI 1249

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....cessary for the disposal of the suit are as under :- The plaintiff is a body Corporate constituted under the provisions of Major Port Trust Act and goods which are imported in India land in the docks maintained by the plaintiffs. As the goods land at docks, till such time they are taken away by the concerned person the wharfage and demurrage charges become payable by the concerned person to the plaintiffs. The present suit is filed by the plaintiffs for recovery of wharfage, demurrage and other charges (hereinafter referred to as Port Trust Charges) as set out in the particulars of claim. 3. It is the case of the plaintiffs that on or about 15-1-1985 defendants imported a consignment of 25 bales said to contain Polyester Staple F....

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....? Ans. In the affirmative. (ii) Do the plaintiffs prove that they are entitled to recover wharfage, demurrage and another charges as claimed in the plaint? Ans. In the affirmative and as per final order. (iii) Do the plaintiffs prove that they are entitled to recover interest at the rate of 15% per annum as demanded in the plaint? Ans. As per final order. (iv) What Decree? Ans. As per final order. 8. I have heard learned counsel on behalf of the plaintiffs. Learned Counsel Mr. Makhija, appearing on behalf of the plaintiffs pointed out that the General Landing date was 15-1-1985 and the Last Free date was 18-1-1985. Learned Counsel Mr. Makhija pointed out that the suit was filed....

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....ointed out that plaintiffs had demanded interest at the rate of 15% per annum by notice dated 31-10-1987, Exhibit P-1. He submitted that the plaintiffs are entitled for interest at the rate of 15% per annum as set out in the plaint. He had drawn my attention to the working sheet Exhibit P-5. The working sheet shows as to how the port trust charges are calculated. I have perused the working sheet. Insofar as the claim of the plaintiffs, as regards wharfage and demurrage, the plaintiffs have made out a case. The plaintiffs have claimed Rs. 169.40 towards Sale Warehousing Charges. Learned Counsel Mr. Makhija, in support of the aforesaid claim drew my attention to the item "Carting Charges" appearing in the Scale of rates at Exhibit P-6 and sub....