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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 ..... Port s dues. There is a statutory lien which may be exercised by the Port and, to the extent that the Port 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. At the time of final adjudication, the writ court will go into the question as to whether the writ petitioners were entitled to a complete or partial waiver of ground-rent and what would be the exact quantum of the Port s claim. In the event the writ court concludes that the Port s claim of ₹ 45 lakh was exagger ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ckdown following the pandemic, the material could not be removed from the Port premises. It is the further case of the writ petitioners that pursuant to a circular issued by the Ministry of Shipping, the writ petitioners were entitled to a waiver of rent for the period during which the material remained at the Port premises beyond the initially contemplated 30 days. The writ petitioners say that though the Port extended the time to remove the goods till May 3, 2020, exaggerated demands were made which were contrary to the relevant circular. 4. According to the writ petitioners, from or about 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 50 lakh, completely without prejudice to their rights and contentions in the writ petition, and remove the entirety of the material within a period of 30 days from today. The deposit of the sum of ₹ 50 lakh will be made in any nationalised bank and the same will be free from any lien or encumbrance. The fixed deposit receipt will be made over to Advocate for the Port who will hold the same as receiver without remuneration without any right to encash the same without the previous leave of the writ court. 9. At the time of final adjudication, the writ court will go into the question as to whether the writ petitioners were entitled to a complete or partial waiver of ground-rent and what would be the exact quantum of the Port s claim. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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