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2009 (8) TMI 773 - HC - CustomsRecovery of dues by ports – Third party goods – Right of lien of Port Trust to detain, seize or sell goods of third parties for realization of arrears pf rent due from tenants - third party who had no connection with the unauthorized occupier of the public premises cannot be asked to bear the burden of the mischief committed by such unauthorized occupier - The owner had imported the goods. They were kept on open ground for the purpose of sending the same to further destination. Clearly, therefore, KPT had no claim against the goods on account of rates and rents for services rendered under Section 42 of the MPTA. In such circumstances, the provisions of Section 59 and 61 of MPTA were not at all relevant for deciding the controversy between the parties.- Port trust not having general lien under Section 59 of Major Port Trust Act, 1963 to cover goods of party having no privity of contract with it and which were sought to be sold in execution proceeding under PPA, 1971 – Section 59 and 61 of Major Port Trust Act, 1963 - the issue with regard to the ambit of Sections 59 and 61 has been correctly decided by the Division Bench in Indian Rayon Corporation Ltd. (1987 -TMI - 41874 - HIGH COURT AT CALCUTTA). reference to larger bench - Held that: when a Single Judge makes a reference to the Chief Justice for constitution of a Larger Bench, it can only mean a reference to a Division Bench, consisting of two-judges. This is precisely the course adopted by the learned Single Judge. The direction issued by the learned Single Judge is to place the papers before the Chief Justice, "for passing appropriate orders." This direction cannot be read in isolation. Earlier in the judgment (para 51) the Learned Single Judge noticed the observations made by the Special Bench in the case of Ahamed Hossain S.K. (supra) that "if the decision of the Larger Bench is inconsistent with the law laid down by a Full Bench or the Supreme Court, the proper course to the Single Judge would be to refer the matter to the Division Bench
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