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TMI Blog1987 (3) TMI 270X X X X Extracts X X X X X X X X Extracts X X X X ..... Mulla Mulla, for Respondent No. 3. [Oral Judgment (per : Desai J)]. - This is an appeal from the decision of the Single Judge rejecting the Writ Petition in limine. The appellant s main contention has been based upon the provisions contained in Section 48 of the Major Port Trusts Act, 1968. It has been submitted that Section IIIA of the scale of rates charged at the Docks, which was app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Writ Petition was preferred after considerable delay and beyond the special period of limitation prescribed under Section 120 of the Major Port Trusts Act, 1963. This section prescribes a special period of limitation in respect of the things done under the Act. Our attention was drawn by Mr. Chinoy in this connection to the observations in Shri Vallabh Glass works Ltd. v. The Union of India and o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t that the necessary submission has not been specifically mentioned in the Writ Petition, it does not appear that the Writ Petition is required to be rejected in limine on the ground of delay, although certainly there is delay at both the stages, viz. delay of few months in. filing the Writ Petition and delay of about nearly an year in moving the appeal Court against the impugned order, which is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion. Any observations made by us regarding the merit in the contention in respect of Section 48 or even as regards the question of delay, are tentative and prima-facie observations, and at the hearing of the Rule, the Single Judge or the Bench hearing the matter will dispose of same after fuller arguments and having the return before it. Sd/- R.R. Ajinkya. - - TaxTMI - TMITax - Indian La ..... X X X X Extracts X X X X X X X X Extracts X X X X
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