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Issues: Customs clearance delay, auction sale of goods by Port Trust, dispute over sale price, refund of auction deposit, release of goods, costs, withdrawal of writ petition, claim for refund of port charges.
The judgment addresses the grievance raised by the petitioner regarding the auction sale of goods by the Port Trust while customs clearance was pending. Initially, the goods were put up for sale to recover port charges, with an offer of Rs. 32,22,000, but the sale was not confirmed as the petitioner cleared the charges. Subsequently, the goods were auctioned again under the Walk-in Tender Scheme, and Respondent No. 5 offered Rs. 20,37,000. Despite customs authorities' instructions to withdraw the goods from auction, the Port Trust confirmed the sale. The Court noted the discrepancy in the sale price and directed the release of the goods to the petitioner upon payment of port charges and evidence of customs clearance. The auction deposit was to be refunded to Respondent No. 5, along with a solatium of Rs. 30,000. The Court also ordered costs to be paid by the petitioner and the withdrawal of the writ petition from the High Court, which was disposed of as infructuous. In a subsequent order, the Court clarified that the payment of port charges would be as claimed by the Port Trust, but the petitioner could seek a refund upon producing a Detention Certificate, with the merit of the claim to be determined in accordance with the law.
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