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1997 Supreme(Online)(SC) 43

SUPREME COURT
, J
Visakhapatnam Port Trust and Another v. M/s. Ram Bahadur Thakur Pvt. Ltd.


Advocates:
For the Appellants/Petitioners: Shri Vinod Bobde
For the Respondents: Shri R. F. Nariman

Table of Content
1. facts underlying the appeals. (Para 1 , 2)
2. parties presented rival contentions regarding handling charges. (Para 3 , 4 , 5 , 6 , 7)
3. court's analysis of statutory provisions and their implications. (Para 8 , 9 , 10 , 11 , 12)
4. clarity on the effective scale of rates during disputes. (Para 13 , 14)
5. final determination on the application of statutory provisions. (Para 15 , 16)
6. final directions regarding handling charges and refunds. (Para 17)

1. These three civil appeals on grant of special leave to appeal under Art.136 of the Constitution of India bring in challenge a common judgment and order rendered by a Division Bench of the High Court of Andhra Pradesh dismissing two writ appeals moved by the appellant The Vishakhapatnam Port Trust and its Traffic Manager, and allowing one writ petition moved by the respondent writ petitioner against the present appellants. The said common judgment and order dated 1st October, 1992 are assailed by the appellants on diverse grounds which will be highlighted in latter part of this judgment;' The main grievance of the appellants centers round the question of levying of appropriate handling charges from various shippers wh























































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