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SUNITA AGARWAL, ANIRUDDHA P. MAYEE
Goodrich Maritime Pvt. Ltd. – Appellant
Versus
Kandla Port Trust Thro. Its Chairman – Respondent
JUDGMENT :
SUNITA AGARWAL, J.
1. This Letters Patent Appeal has arisen out of the judgment and order dated 02.09.2006 passed by the learned Single Judge in dismissing the writ petition on the premise of an order passed by this Court in Letters Patent Appeal No.104 of 2000 wherein it was opined that the dispute with regard to payment of container storage charge/ground rent would require recording of evidence and cannot be summarily adjudicated in exercise of writ jurisdiction of this Court. The petitioner therein had been relegated to approach the Civil Court.
2. The dispute in the writ petition was with regard to action of the respondent authority namely Kandla Port Trust in levying container storage charges vide bills bearing Nos.244362 and 244357 both dated 06.06.2006 and 26.06.2006; respectively, and the demand of ground rent by respondent No.2 namely Central Warehousing Corporation, Container Freight Station, Kandla vide letter dated 3/4.05.2006. A further prayer is to direct the respondents to release the containers of the petitioner. The petitioner, as per the statement made in the writ petition is a private limited company incorporated under the provisions of the Companies Act,
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