(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR) We have heard learned Senior Counsel Mr.Dave for the appellant and learned counsel for the respondents.
Learned Single Judge has given detailed reasons in paragraphs 4 and 5 of the order that Kandla Port Trust cannot be asked to waive their charges for delayed clearance of the goods. Learned Senior Counsel Mr.Dave frankly states that so far as the observations made by the learned Single Judge are concerned, it is difficult for him to argue anything on the same. He further states that Kandla Port Trust should be asked to provide scale of rates prevalent at the relevant time and as to whether there is any provision by which any waiver can be given in this regard. This point was never argued before the learned Single Judge as from the order, no such argument is reflected. Regarding scale of rates, the appellant may make appropriate representation to the Kandla Port Trust and the Kandla Port Trust shall decide the same as per the rules, policy and in accordance with law and the decision thereof be communicated to the appellant.
Subject to the above observations, this appeal is dismissed. Notice is discharged.
(P.B.Majmudar,J) (Mohinder Pal,J) pathan Top