N. ANAND VENKATESH
Anton Engineering, Represented by its Propx: Zita Vijay, Chennai – Appellant
Versus
Chairman, Chennai Port Trust, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a
Writ of Certiorari, calling for the records relating to the impugned communication
No.Legal/577/2003/TC dated 30.10.2007 issued by the second respondent and quash
the same as illegal, arbitrary and unsustainable in law.)
1. This Writ Petition was filed challenging the impugned communication dated 30.10.2007 issued by the second respondent directing the petitioner to pay demurrage charges to the tune of Rs.73,22,231/-.
2. The case of the petitioner is that one Chokhani International Limited, Chennai, which was a 100% E.O.U was engaged in ship repairing business. For this purpose they had imported certain materials. The materials were stored in the bonded house. They had borrowed money and had defaulted in the repayment of the same. Hence, the concerned bank initiated proceedings before the DRT and ultimately all the properties belonging to the above said company was brought up for public auction.
3. The auction was conducted on 17.12.2002, and petitioner participated in the auction with regard to lot No.4 and the petitioner was declared as the highest bidder. The goods that were remaining in
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