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1987 (1) TMI 88 - SC - CustomsIssue detention certificates in respect of the consignments in question as directed by High Court Held that:- The orders passed by the High Court in the proceedings to which the Port Trust was not a party which had the effect of prejudicially affecting the interests of the Port Trust would not be binding on it in view of the violation of the principles of natural justice. the High Court erred in not imposing any condition on the 1st respondent for protecting the interests of the Port Trust even in the writ petition to which it was a party. The impugned orders are contrary to the public notice issued by the customs authorities as well as the rules of the Port Trust. Having regard to the peculiar circumstances of this case in which the goods have already been cleared, the orders of the High Court of Bombay against which these appeals are filed, therefore, to be modified appropriately in order to protect the interests of the Port Trust. Accordingly, at the conclusion of the hearing of these appeals we passed an order on 16-12-1986 before reserving the appeals for judgment directing the 1st respondent to furnish within eight weeks a bank guarantee of a nationalised Bank in favour of the appellant for due payment of ₹ 3,04,004.25 paise to the appellant on demand, without any demur, being the balance of wharfage and demurrage charges in the event of the 1st respondent not succeeding ultimately in Writ Petition No. 122 of 1986 and on failure to furnish such bank guarantee within eight weeks to pay in cash ₹ 3,04,004.25 paise to the appellant forthwith. This shall be the final order in these appeals.
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