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Issues involved: Whether the claim for refund of wharfage, demurrage, and transit charges was barred by Section 110 of the Madras Port Trust Act (II of 1905).
Summary: The Supreme Court, in a judgment delivered by P.N. Bhagwati, J., considered an appeal regarding the refund claim of wharfage, demurrage, and transit charges. The appellant had lost in the High Court, leading to a decree against them. The Court granted special leave for the appeal, with the condition that the appellant would pay the refund amount regardless of the appeal's outcome. The Court expressed disfavor towards the plea of limitation based on Section 110 of the Madras Port Trust Act, emphasizing the importance of public authorities not relying on technical pleas to defeat just claims. The Court highlighted the need for fairness and justice towards citizens, especially when claims are supported by valid recommendations. Ultimately, the Court decided to revoke the special leave granted to the appellant and directed them to pay the costs of the respondents.
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