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2021 (2) TMI 371 - HC - Indian LawsSeeking waiver of Ground Rent and port charges - Delay in Removal of goods from the Port premises within 30 days of their arrival - it is the submission of the Port that the last bills raised on the writ petitioners indicated that a sum in excess of ₹ 45 lakh was due on account of ground-rent and the like - HELD THAT:- There is no doubt that the goods must be taken away from the Port premises so that the Port’s land is unblocked. Equally, the writ petitioners cannot be allowed to remove the goods unconditionally and the Port be left to chase the writ petitioners for the Port’s dues. There is a statutory lien which may be exercised by the Port and, to the extent that the Port’s dues remain unpaid, the goods are liable to be detained. However, a balance has to be struck, particularly considering that the initial situation was brought about for reasons beyond the control of the writ petitioners. The Port may also not have been liable for the delay; but the lockdown made the delay inevitable. At the time of final adjudication, the writ court will go into the question as to whether the writ petitioners were entitled to a complete or partial waiver of ground-rent and what would be the exact quantum of the Port’s claim. In the event the writ court concludes that the Port’s claim of ₹ 45 lakh was exaggerated, the Port will be required to pay interest at the rate of 10% per annum on the balance quantum of the deposit from the date of such bills being raised till the balance quantum of the deposit is taken back by the writ petitioners. The Port’s further charges will come out first from the deposit made. In the event the Port’s charges are ultimately discovered to be in excess of the quantum of deposit, the writ petitioners will be liable to make good the same. For such purpose, an unconditional letter of undertaking should be issued by the first writ petitioner duly signed by the principal person in control thereof and made over to Advocate for the Port within a week from today. Application disposed off.
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