IN

IN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY

ORDINARY

ORDINARY ORIGINAL CIVIL JURISDICTION

ORIGINAL CIVIL JURISDICTION

ORIGINAL CIVIL JURISDICTION

APPEAL

APPEAL

APPEAL No. 325 OF 2007

No. 325 OF 2007

No. 325 OF 2007

Syndicate Bank.

... Appellant.

Vs.

1. The Board of Trustees of the

Port of Bombay and others.

2. M/s.Eastern Export Enterprises

3. Shaw Wallace & Company Ltd.

4. Samrat Shipping Company Ltd. ... Respondents.

WITH

APPEAL

APPEAL

APPEAL No. 403 OF 2007

No. 403 OF 2007

No. 403 OF 2007

1. Samrat Shipping Co.Pvt.Ltd.

2. Shaw Wallace & Co. Ltd.

... Appellant.

Vs.

1. The Board of Trustees of the

Port of Bombay and others.

2. M/s.Eastern Export Enterprises

3. Syndicate Bank.

... Respondents.

WITH

APPEAL

APPEAL

APPEAL (LDG.) No. 532 OF 2007

(LDG.) No. 532 OF 2007

(LDG.) No. 532 OF 2007

M/s.Easter Exports Enterprises. ... Appellant.

Vs.

1. The Board of Trustees of the

Port of Bombay and others.

2. Syndicate Bank.

3. Shaw Wallace & Company Ltd.

4. Samrat Shipping Company Ltd. ... Respondents.

- 2 -

Ms.Saumya

Shrikrishna

i/b.

Kanga

&

Co.

for

the

appellant

(in

Appeal

No.325/07)

for

respondent

No.3

(in

Appeal

No.403/07) and for respondent No.2 [in

Appeal (Ldg.) No.532/07].

U.J.Makhija i/b. Mulla & Mulla & C.B.C.

for respondent No.1.

K.K.Shroff

i/b.

Dhru

&

Co.

for

respondent

No.2

(in

Appeal

No.325/07)

for

respondent

No.2

(in

Appeal

No.403/07) and for the appellant [in

Appeal (Ldg.) No.532/07.

Ms.Sapna

Bakale

i/b.

R.G.Sheth

&

Co.

for

respondent

Nos.3

and

4

(in

Appeal

No.325/07)

for

the

appellants

(in

Appeal

No.403/07) and for respondent Nos.3 and

4 [in Appeal (Ldg.) No.532/07].

CORAM:

CORAM:

CORAM: DR.S.RADHAKRISHNAN

DR.S.RADHAKRISHNAN

DR.S.RADHAKRISHNAN

AND

AND

AND V.C.DAGA, JJ.

V.C.DAGA, JJ.

V.C.DAGA, JJ.

DATED:

DATED:

DATED: 21st June 2007.

21st June 2007.

21st June 2007.

JUDGMENT

JUDGMENT

JUDGMENT : : : (Per Vijay Daga)

--------

--------

--------

.

Perused record and proceedings of the suit,

appeals, and the judgment and order impugned herein.

2.

Heard finally at the stage of admission by

consent

of

parties

since

respective

advocates

appearing for the respective respondents have waived

service.

3.

All these appeals are directed against the

common

judgment,

order

and

decree

passed

in

Suit

No.782

of

1986

dated

16th

June,

2006

decreeing

the

- 3 -

suit,

under

Order

8

Rule

10

of

the

Code

of

Civil

Procedure,

1908

("C.P.C."

for

short)

in

terms

of

prayer

clause

(a)

involve

identical

facts

and

issues,

so this common judgment will dispose of all the

appeals.

4.

The basis and foundation of decree in all

these

appeals

is

failure

on

the

part

of

the

defendants

to

file

their

respective

written

statements,

resulting

in

deemed

admission

of

the

averments

made

in

the

plaint.

It

is

not

necessary

to

sketch

facts

in

details

except

to

mention

that

the

suit

was

for

recovery

of

demurrage,

port

charges,

etc.

filed

by

the

Board

of

Trustees

of

Port

of

Bombay against the appellants claiming decree in

their favour.

SUBMISSIONS

SUBMISSIONS

SUBMISSIONS

-----------

-----------

-----------

5.

The learned counsel appearing for the

appellants

in

all

these

appeals

submit

that

the

provisions

of

Order

8

Rule

10

of

the

C.P.C.

could

not have been invoked by the learned Single Judge of

this Court to hold that the appellants were

liable

t