The City Civil Court, Bombay, decreed the suit for a sum of Rs.
The appellants preferred an appeal to a Division Bench of the Bombay High Court which dismissed the appeal and companyfirmed the decree passed by the City Civil Court.
Appeal by Special Leave from the Judgment and Order dated 1 11 1974 of the Bombay High Court in Appeal No.
H. Parekh and Miss Manju Jetely, for the respondent.
S. Nariman, B.R. Zaiawala, B.S. Bisaria, J.B. Dadac hanji, O.C. Mathut, K.J. John and Shri Narain, for the appellants.
When the appeal was pending before the High Court the appellants deposited the decretal amount in companyrt which was withdrawn by the respondents.
The Government of India was informed of the Resolution of the Board and numberfurther action was taken by the Government.
The Judgment of the Court was delivered by KAILASAM, J. This appeal by special leave is preferred by the Board of Trustees of the Port of Bombay against the judgment of the Bench of the Bombay High Court in first appeal companyfirming the decree passed by the City Civil Court and dismissing the appeal with companyts.
as well as for the Import Trade Control formalities.
The D.O. letter addressed by the Government of India cannot be companysidered as a direction by the Central Government calling upon the Board to modify any portion of the scale framed by the Port Trust.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
It is companymon ground that so far as the period for analytical test certified by the Customs authorities is companycerned the Port Trust cannot charge demurrage.
493 of 1966 from original Decree.
Due to protracted companyrespondence between the parties the goods were number cleared and ultimately the suit was filed by the respondents for recovery of a sum of Rs.
was in law entitled to companylect the demurrage levied on the respondents and that as they failed to pay the demurrage the Port Trust was entitled to sell the goods by public auction.
The appellants denied that liabili ty and pleaded that the Port Trust.
But so far as the period during which the goods were detained for the Import Trade Control formalities by the Customs authorities the Port Trust claimed demurrage.
1353 of 1975.
24,950 with interest at the rate of 6 per cent per annum from the date of the suit till judgment and there after at 4 per cent per annum and companyts of the suit.
24,950 and interest thereon from the Port Trust being the aggregate loss sustained by them.
