9911796707
TMI Blog1999 (7) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... however, the Port Authorities raised bills on the writ petitioners allowing them 15 days free time for storage. 5.The storage charges for the days in excess of 15 were duly paid and the goods cleared. The writ petitioners thereafter delivered the goods to the parties for whom they were acting as agents in the Customs House and the Port areas. It appears that these parties who had imported the goods were certain Agarwalas of Cotton Street. 6.One year later the Port Authorities discovered their mistake and raised bills aggregating the aforesaid amount, asking for settlement thereof. 7.The writ petitioners corresponded to this effect that as the principals of whom they were agents had already taken away the goods, there was hardly any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he dues aggregating above Rs. 11 lac. were never disputed in its substance by the writ petitioners. All that they asked for was time for payment, until the very last letter was written prior to filing of the writ. 13.Mr. Roy Chowdhury showed several Port bills from as early as August, 1988 wherein the free storage time allowed to the writ petitioners was only 7 days for full container loads. Thus, according to Mr. Roy Chowdhury the writ petitioners all along knew that they were enjoying excess periods of free laying. He showed that in document after document (sic) the writ petitioners have described themselves as consignees so far as the Port Authorities are concerned. They have undertaken therein to a undercharged amounts, if any. Acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Port of Calcutta, 1949, which are still current under the trustees. He referred to by-law 55A, the relevant portion of which is as follows :- "55A. ...The Traffic Manager may before the issue of such a licence, ask the clearing agent to satisfy him that the applicant has already obtained the requisite licence from the Customs authorities and also call upon the clearing agent to furnish a bond with a security deposit of Rs. 500 as a guarantee for (a) the faithful and proper behaviour of himself and of his sircars, clerks, servants or agents in regard to compliance with the Port Rules, by-laws and other regulations of the Commissioners for the time being in force and all other statutory provisions and (b) making payment immediately ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gard to his submissions on the Supreme Court case, in my opinion, Mr. Roy Chowdhury is quite correct. However, it does not appear that when the writ petitioners cleared the goods between April and July, 1988, they had cleared any goods paying full container load storage for periods beyond seven days. The first bills relied upon by Mr. Roy Chowdhury in this regard are bills of August, 1988. 19. Also there is no imputation of deliberate fraud against Mr. Ghose's clients. The correspondence shows that they tried to recover the money from the real importer but failed to obtain it or pass it on to the Port Authorities. 20. From the facts on record there can be no real doubt or dispute about this, that the Port Authorities and their concerne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed of years in courts of Equity. 26.In the facts of this case it appears that the mistake was made by Mr. Ghose's clients at the point of time when a changed notification was coming into being. There is no case made by the respondents that Mr. Ghose's clients have tried to evade storage charges either beyond seven days for periods subsequent to March/May, 1988 or for periods beyond 15 days for the period prior to March/May, 1988. These instant bills are in the nature of exceptional mistakes committed by both parties. 27.In my opinion, for these reasons Mr. Ghose's clients are entitled to the relief from such mistake. The writ petition accordingly succeeds. There will be rule absolute in terms of prayers (b), (c) and (d) of the writ pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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