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1999 (7) TMI 127 - SUPREME COURTWhether the appellant - Board of Trustees of the Port Trust constituted under the Major Port Trusts Act, 1963 have a general lien for their dues over the present or future consignments imported by the importers at the Bombay Port when the said dues are in respect of the past imports made by the said importers? Held that:- There is no reason to give a restricted meaning to the expression “general balance of account” to mean only wharfage charges which, according to the respondents, would imply the charges for loading or unloading of goods, and would not include demurrage. Once goods are taken charge of by the appellants as a wharfingers then in respect of the services, rendered, as contemplated by Section 42, if there is any amount which is due and payable to it the same would be regarded as ‘general balance of account’ in respect of which it has a general lien over the goods bailed to it. Thus the circular dated 2nd October, 1979 issued by the appellants was valid and the appellants could retain the goods which were in their possession as bailees as security for realisation of the amount of wharfage, demurrage and other charges which were due to them. Appeal allowed of assessee.
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