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Admiralty Suit No. 303 of 1986, decided on 5th October, 1986.
‑‑S.7‑‑Admiralty suit‑‑Non‑appearance of defendants‑‑Effect‑ Defendants were debarred by Court from defending suit due to their failure to appear in Court either to contest suit or to furnish any security in respect of claim of plaintiff in spite of various opportunities granted to them‑‑Plaintiff proved his claim by filing his affidavit in proof thereof‑‑Plaintiffs suit was decreed as prayed for in circumstances.
Muhammad Naeem for Plaintiff.
Hassan Inamullah (absent) for Defendant.
Date of hearing: 5th October, 1986.
The plaintiff has filed this suit for recovery of Rs. 1,20,421 on the ground that the plaintiff carried on business of shipping agents Operator, Charterers and Brokers in the name and style of Seven Ocean Services and acted at the request of the owner, as the agent of the defendant vessel when she arrived Karachi on 18‑11‑1985. The defendant vessel was at the port of Karachi between 18‑11‑1985 and 7‑1‑1986 when she sailed with export charge under the plaintiffs agency. During her stay mentioned above the plaintiff incurred expenses and made disbursement in respect of the vessel and paid all K.P.T. bills and Customs dues. The particulars of these expenses incurred by the plaintiff has been mentioned in para. of the claim, which reads as under: ‑
| (i) | K.P.T. dues | Rs.76,057 |
| (ii) | Water supply | Rs. 2,250 |
| (iii) | Boat hire | Rs. 200 |
| (iv) | Tally Contractor (discharging) | Rs. 1,800 |
| (v) | Nautical Almanac | Rs. 430 |
| (vi) | Light dues | Rs. 62 |
| (vii) | Medical book | Rs. 450 |
| (viii) | Watchmen charges . | Rs. 5,000 |
| (ix) | Income‑tax paid on the export goods . | Rs. 5,152 |
| (x) | Incidental expenses for obtaining clearance from Mercantile Marine Deptt . | Rs. 3,500 |
| (xi) | Cost of Customs/K.P.T. documentation in connection with the import and Export | Rs. 5,000 |
| Total | Rs.99,901 |
The plaintiff has further claimed that he is also entitled to the charges and commission; (a) agency commission Rs.15,000 (b) brokerage at 1% Rs.1,380 and (c) agency export commission @ Rs.3% Rs.4,140. The total amount is Rs.20,520. The owner with a view to avoid payment of the plaintiff's dues mentioned above, suddenly appointed another agent whose name appeared as the agent of the said vessel in the Shipping Intelligence. The plaintiff had approached the owner through the master of the vessel and pressed for his dues and rendered him full account of the above charges and disbursement but the owner and the Master failed to pay the same or any part thereof. Various opportunities have been granted to the defendants. They did not file any written statement. The ship was arrested on 5‑5‑1986. The defendant ‑has not furnished any security. Therefore, he was debarred on 24‑8‑1986 by this Court from defending the suit. The plaintiff has filed affidavit of proof in respect of the claim made in the plaint. The suit has not been contested.
The suit is decreed as prayed and the Nazir of this Court is directed to take the possession of the vessel and to sell the same.
H.B.T. Suit decreed.
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