9911796707
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Issues:
Petitioner seeks direction against Bombay Port Trust for payment, Adjustment of refund amount, Legality of unilateral adjustment by B.P.T., Interpretation of Major Port Trusts Act, 1963, Power of B.P.T. to recover dues, Statutory lien of B.P.T., General lien under Section 171 of Contract Act, Implications of Sections 59, 61, 63, and 131 of the Act, Validity of adjustment under Section 63(1)(e), Authority to file a Suit for recovery, Legality of adjustment based on general lien, Statutory refund under Section 53 of the Act, Legislative intent regarding recovery modes, Judicial intervention under Article 226 of the Constitution. Analysis: The petitioner imported alloy steel sheets in 1981, abandoned and sold by Bombay Port Trust in 1982, resulting in a deficit. A claim for the amount was made in 1985, denied by the petitioner. Subsequently, in 1985, another consignment was imported, leading to adjudication proceedings by Customs. A Detention Certificate was issued in 1987, followed by a refund claim for demurrage charges in 1987, rejected as time-barred in 1987. The petitioner sought a refund in 1988, granted in 1989, but later adjusted against the outstanding amount, leading to the present petition challenging the adjustment. The petitioner argued that B.P.T. lacked authority for unilateral adjustment under the Major Port Trusts Act, citing Sections 59, 61, 63, and 131, emphasizing no provision for such adjustment. The respondent contended that Section 63(e) empowered the adjustment, supported by a statutory lien and a general lien under Section 171 of the Contract Act. However, the Court noted that the Act did not explicitly grant the power for unilateral adjustments, highlighting various recovery modes but no provision for adjustments. The Court ruled in favor of the petitioner, setting aside the adjustment order and directing the refund with interest, emphasizing the lack of statutory authority for unilateral adjustments by B.P.T. The judgment clarified the absence of power under the Act for such adjustments, distinguishing between recovery modes and the need for legislative sanction for unilateral adjustments, ultimately granting relief to the petitioner based on statutory provisions and legal principles.
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