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2019 Supreme(Cal) 148

AMRITA SINHA
TIL Limited – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Mainak Bose, Adv., Debargha Basu, Adv., Rishav Karnani, Adv., Cedric Fernandez, Adv., Abhrajit Mitra, Adv., Ashok Kumar Jena, Adv., Somnath Bose, Adv., Ashis Mukherjee, Adv.

JUDGMENT :

AMRITA SINHA, J.

1. The petitioners have filed the instant writ petition praying for setting aside the order dated 29th March, 2017 passed by the Tariff Authority of Major Ports (TAMP for short) whereby the schedule of rates (SoR for short) proposed by the Kolkata Port Trust (KoPT for short) have been approved. The petitioners have also made a prayer for injunction restraining the respondents from giving any effect and/or further effect to the impugned SoR.

2. The petitioner no. 1 is a company within the meaning of the Companies Act. It is engaged in the business of manufacturing and selling of material handling and port handling equipments. The petitioner no. 2 is its Managing Director. The petitioner no. 1 is in possession of two separate plots of land of KoPT within the Kolkata Dock System in belts 1 and 2. The said plots of land were leased out by KoPT in favour of the petitioner no. 1 by two separate lease deeds. The petitioner no. 1 is in possession of the said plots for more than fifty/sixty years. A factory is in operation on the said plots directly employing approximately thousand persons and several daily wage earners. The lease deeds were executed last on 10th Ju

















































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