2011 (1) TMI 1249 - HC - Customs

Whether the suit is filed within the period of limitation? Do the plaintiffs prove that they are entitled to recover wharfage, demurrage and another charges as claimed in the plaint? Do the plaintiffs prove that they are entitled to recover interest at the rate of 15% per annum as demanded in the plaint? What Decree? Held that - Taking into consideration last free date as 18-1-1985 and the date of filing the suit as 11-1-1988 and accepting the contention that the cause of action arose on 18-1-1985 the suit is filed within the period of limitation. Accordingly, point No. 1 is answered in the affirmative. Point No. 2 is answered in the affirmative and the plaintiffs will be entitled to recover monies as per the final order. So far as Point No. 3 is concerned, I hold that the plaintiffs would be able to recover interest at the rate of ₹ 12% per annum as per the final order. So far as the point No. 4 is concerned, plaintiffs would be entitled to decree as per the operative part. . Thus Defendants do pay to plaintiffs ₹ 103352. 42p. Defendants do pay to plaintiffs interest at the rate of 12% per annum on ₹ 103352. 42p from 31-10-1987 till realization.Defendants do pay to plaintiffs costs of this suit.

Issues Involved: Recovery of port trust charges including wharfage and demurrage, Suit filed within the period of limitation, Entitlement to recover interest at the rate of 15% per annum, Decree for recovery of dues.

Recovery of Port Trust Charges:
The plaintiffs, a body corporate under the Major Port Trust Act, sought recovery of port trust charges for goods imported and landed at their docks. The defendants failed to take away the goods within the stipulated time, leading to the liability for port trust charges. Despite a customs order confiscating the goods to the government, the defendants did not pay the charges, prompting the plaintiffs to demand payment through notices. The court examined the evidence presented, including demand notices and working sheets, and concluded that the plaintiffs were entitled to recover wharfage and demurrage charges, except for a specific claim related to sale warehousing charges. The court determined the total amount of Rs. 1,03,352.42 to be payable by the defendants.

Suit Filed Within the Period of Limitation:
The court addressed the issue of whether the suit was filed within the period of limitation. Considering the last free date as 18-1-1985 and the date of filing the suit as 11-1-1988, the court found that the suit was indeed filed within the limitation period. Referring to Article 113 of the Limitation Act, the court affirmed that the cause of action arose on 18-1-1985, making the filing of the suit on 11-1-1988 timely.

Entitlement to Recover Interest at the Rate of 15% Per Annum:
Regarding the claim for interest at the rate of 15% per annum, the court noted the absence of specific legal provisions or an agreement supporting this rate. After considering the circumstances and dates of the transaction, the court deemed a 12% per annum interest rate to be just and granted the plaintiffs the entitlement to recover interest at this revised rate from the date of the first demand notice.

Decree for Recovery of Dues:
Based on the analysis and findings, the court issued a decree directing the defendants to pay Rs. 1,03,352.42 to the plaintiffs along with interest at the rate of 12% per annum from 31-10-1987 until realization. Additionally, the defendants were ordered to bear the costs of the suit. The court's decree encompassed the recovery of dues, interest, and litigation expenses, thus concluding the legal proceedings in favor of the plaintiffs.

This comprehensive judgment by the Bombay High Court addressed the various legal aspects of the case, including the recovery of port trust charges, the suit's timeliness, the entitlement to interest, and the final decree for the recovery of dues. Through a detailed analysis of the evidence and legal provisions, the court provided a well-reasoned decision that upheld the plaintiffs' claims for wharfage and demurrage charges while adjusting the interest rate to 12% per annum. The decree issued by the court settled the matter by directing the defendants to pay the specified amount along with interest and costs, bringing the legal proceedings to a conclusive end.

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