( 1 ) HEARD the learned Counsel for the parties. Perused the relevant materials on record.

( 2 ) THIS petition has been filed for declaring that in the absence of any agreement between theparties as regards the payment of vessel overage extra it is not permissible to the respondent-Company to demand the said extra overage premium from the petitioner-Company while setting its claim under the two marine policies in question and for a direction to the respondent-Company to pay full amount of claim demanded by the petitioner from the respondent-Company under two marine policies in question and for permanently prohibiting respondent-Company from seeking to recover any amount of overage extra premium from the petitioner company while releasing due payment in favour of the petitioner-Company and for quashing and setting aside the communication dated 15-5-2000 to the extent to overage extra amount is sought to be recovered from the petitioner-Company as being of violative of Arts. 14, 19 (1) (g) and 300a of the Constitution.

( 3 ) THE petitioner imported edible quantity of 12000 M. T. of White Sugar per vessel called M. V. Paulina from China (Hauangpu) to India. The total v