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TMI Blog2021 (2) TMI 371X X X X Extracts X X X X X X X X Extracts X X X X ..... Ms. Ranjabati Ray, for the Appellant. Shri Joydeep Kar, Shaunak Ghosh, Ms. Saheli Sen, Rajib Mullick and Vipul Kundalia, for the Respondent. ORDER The appeal arises out of an order of September 21, 2020 passed on a petition under Section 226 of the Constitution. 2. The writ petitioner-respondents caused certain logs to be imported. According to the writ petitioners, such logs came in by o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... June 3, 2020 the writ petitioners were able to remove the material from the Port premises; but were resisted by the Port authorities on the ground that their full charges had to be paid first. 5. By the order impugned, the writ petitioners have been directed to put in a sum of Rs. 25 lakh and remove 50 per cent of the goods. Directions for filing affidavits have been issued and the matter ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ort'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. 8. In such a scenario, it would be just and proper if the writ petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... event the writ court concludes that the Port's claim of Rs. 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prejudice to the rights and contentions of the Port. The Port may also apply for upto 75 per cent of the deposit to be appropriated by it, subject to the final order on the writ petition. 11. FMA 909 of 2020 and the interim application therein are disposed of. 12. There will be no order as to costs. 13. Urgent certified website copies of this order, if applied for, be made avail ..... X X X X Extracts X X X X X X X X Extracts X X X X
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