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1988 Supreme(Cal) 296

SUSANTA CHATTERJI
OTA FALLOONS FORWARDERS PVT. LTD – Appellant
Versus
BOARD OF TRUSTEES AT THE PORT OF CALCUTTA – Respondent


Advocates Appeared:
Bankin Chandra Dutta, BHOLANATH SEN, R.N.DAS, S.BHATTACHARYA, Samaraditya Pal

SUSANTA CHATTERJI, J.

( 1 ) THE Rule was issued on 29-5-1981 at the instance of the writ petitioners who have prayed for issuance of a writ of mandamus commanding the respondents to withdraw, cancel and/or rescind the circular dated 4-4-1981 issued by the Manager, Traffic Operation, Haldia Dock Complex as regards the imposition of penal rate at three times of the ordinary rate of rent on cargo not cleared within the month from the date of landing at Haldia General Cargo Berth. The copy of the said circular is annexed to the writ petition marked by letter 'b'. It appears from the said circular that the Chairman, Calcutta Port Trust has approved the recovery of triple rent on cargo at Haldia if not cleared within one month from the date of landing and the order will take effect on and from 1-4-1981. While issuing the rule an interim order of injunction was granted in terms of prayer (f) by restraining the respondents from giving any effect or further effect to the approval of the Chairman, Calcutta Port Trust as communicated under circular dated 4-4-1981 as aforesaid and further from taking any steps or further steps seeking to impose levy and/or collect penal rent at triple rate of






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