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2016 Supreme(Ori) 576

VINEET SARAN, B.R.SARANGI
Bhushan Steel Limited – Appellant
Versus
Paradip Port Trust – Respondent


Advocates Appeared:
For the Petitioner: M/s. R.K. Rath, with Sanjay Sen, S. Ratho, M.K. Das and A. Hota.
For the Opp. Parties : M/s G. Mishra with D.K. Patra, A. Dash, M/s A.K. Bose.

JUDGMENT :

B.R. SARANGI, J.

The petitioner is a Limited Company incorporated under the Companies Act, 1956 and carrying on business in steel sector, mostly engaged in Cold rolled, galvanized and special steel producer having its producing plant located at Meramandali, Orissa required to import different items through Paradip Port. For the purpose of said import, an arrangement was made to utilize the plots allotted for a period of 11 months on charging of ground rent subject to renewal. The plots have been classified as siding plots and non-siding plots depending upon their proximity from the railway line. The petitioner having been allotted with the plots, the same were utilized as per the terms and conditions of such allotment, but all of a sudden on 06.04.2011 in Annexure-3, Paradip Port Trust introduced Minimum Guarantee Throughput (MGT) for siding and non-siding plots though subsequently by letter dated 03.01.2012 under Annexure-4, the same has been withdrawn. The period of which the petitioner was in possession of the siding and non-siding plots those were utilized to ensure the movement of Minimum Guarantee Quantum for which the petitioner had to execute a bank guarantee of Rs









































































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