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1984 Supreme(Bom) 104

G.F.COUTO
Board of Trustees of the Port of Mormugao – Appellant
Versus
Chowgule and Company Pvt. Ltd. , Mormugao Harbour, Gao – Respondent


Advocates:
T.R. Andhyarujina, Sr. Advocate with K.J. Presswala and K.Y. Thaly, for Petitioner; A. Setalvad, Sr. Advocate with M. Korde and S. Tamba, for Respondent.

ORDER :- This revision application arises out of the Order dt. 21st December, 1983 passed by the learned Civil Judge, Senior Division, Margao, dismissing the application filed by the petitioners herein for the enforcement of an undertaking given or a Bond executed by the present respondents in a suit, being the Special Civil Suit No. 46/1969, filed by the latter for a declaration and a permanent injunction restraining the former from collecting some enhanced rates on iron ore pellets exported by the respondents/original plaintiffs.

2. In order to correctly understand the case of the petitioners, it will be convenient to state the relevant facts that led to the making of the impugned order.

On 4th September, 1958, while the territories of Goa, Daman and Diu were still under the Portuguese rule, the Portuguese Government enacted the Decree Law No. 41816, inter alia, empowering the then Overseas Minister to enter into contracts with the West of India Portuguese Guaranteed Railway Company Ltd. and to grant to the latter the right to construct and operate at the Mormugao Harbour a mechanical installation for the storage and handling of ores. In exercise of such enabling powers, the Portug





























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