MERCATOR LINES LTD Vs. ROHINTON MASTER

JUDGEMENT

(1.) HEARD learned counsel for the parties

(2.) LEAVE under Rules 141 and 147 of the High Court of Judicature at Bombay (O.S.) Rules, 1980, is granted to the Plaintiffs to take out a notice of Motion in terms of the draft Notice of Motion handed in. Motion is made returnable in eight weeks i.e. on 21.8.1996.

(3.) THE Plaintiffs have filed this suit claiming a sum of Rs. 1,10,373.80 ps. being the freight charges for the late barge Merc VII for clearing the consignment imported by Defendant No.2 and demurage charges of Rs. 20,000/- per day from 14.12.1995 till the date of filing of the suit and other requisite B.P.T. charges as detailed in prayer clause (a), and for a declaration that the Plaintiffs have got lien on the goods being Nepthenic Oil 517.096 M.T. under section 60 of the B.P.T. Act and for sale of the said goods by public auction or private auction and for appointment of the Court Receiver, High Court, Bombay in respect of the said consignment and other incidental reliefs. By this Notice of Motion the Plaintiffs seek appointment of Court Receiver, High Court, Bombay as Receiver of Nepthenic oil 517.096 M.T. lying at Defendant No.3's premises at Haji Bunder and the Receiver be directed to sell the said Nepthenic oil by private and/or public auction and after deducting the expenses for the sale, pay the balance to the Plaintiffs.