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2023 Supreme(Del) 2526

PRATHIBA M. SINGH
Arl Infratech Let – Appellant
Versus
Union of India – Respondent


Advocates appeared:
None, for the Petitioners.
Mr. Udit Jain, Advocate, for the Respondent-4 to 8.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

2. The present petition was, initially, filed in the High Court of Gujarat at Ahmedabad as Special Civil Application No. 9046/2020 titled `M/s ARL Infratech Limited & Promod Jain vs Union of India & Ors.'. The case of the Petitioner is that the ground rent, demurrage and other detention charges ought not to be charged as the same would be contrary to the various Government advisories issued during the Covid-19 pandemic. The prayers sought in the petition are as under:

    "(A) YOUR LORDSHIPS may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction holding the action of the concerned Respondents in charging the ground rent, demurrage and container detention charges, as illegal and contrary to Government advisories.

    (B) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the Respondents Nos.5 to 8 to return/restitute to the Petitioner Company amounts charged and recovered towards ground rent, demurrage and container detention cha

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