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2011 (1) TMI 1249 - BOMBAY HIGH COURTWhether 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.
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