M. Chockalingam, J.

Challenge is made to a judgment of the learned Single Judge of this Court in C.S.No.950 of 1992 whereby the claim made by the appellant/plaintiff was rejected by dismissing the suit.

2. The plaint averments are as follows:

The plaintiff is the proprietor of The Hindu. They import newsprints. The defendant is the canalized agency for import of newsprints in India. The plaintiff had been purchasing newsprints from time to time against the newsprint allotments issued by RNI from the defendant on a running account basis. They had been lifting newsprints from the defendants buffer stocks against their various authorization in respect of the above publications. The defendant had charged an ad valorem duty of 15% of the customs assessable value for the period 3. 1981 to 22. 1982 and a specific duty of Rs.825 per m.t. Towards customs duty from 3. 1982 to 12. 1984 based on the relevant customs notification. However, the levy of customs duty had been challenged before the Supreme Court by various purchasers including the plaintiff in WP No.2656-60 of 1984. The Supreme Court by its common order dated 12. 1984, had upheld the contentions of the plaintiff. Pursuan