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Judgment
Desai, Ag. C.J.
Having heard Counsel for the Appellants, (B.P.T.) and for the Petitioners, we think the following Order which will be treated as Order in the Appeal will sufficiently clarify and project the interests of all the parties. For the sake of passing the Order, the Appeal is admitted. Respondents waive service. The appeal is taken up for hearing forthwith. Advocates are heard.
Mr. Makhija complains that the lien of the Appellants may be lost by removal of the goods to the bonded warehouse. Mr. Dhanuka states that this will not be the correct position in law inasmuch as such removal is being permitted under the Order of the Court to which the Petitioners are expressly consenting. We will make the position clear so that the Appellants'' statutory lien, if any, will remain protected as the removal is under specific Order of the Court.
Accordingly, it is made clear that removal of the goods which is permitted under the order of the Single Judge passed on 2nd June 1987 will be without prejudice to the statutory lien, if any, of the Appellants (B.P.T.) in respect of the demurrage charges as well as their right to auction the goods if the said charges, if payable, are not paid after notice. In other words, the lien will remain attached to the said goods despite their removal to the bonded warehouse. Mr. Dhanuka on behalf of the Petitioners-Respondents Nos. 1 and 2 before us expressly consents and agrees to the aforesaid position. It is made clear that the removal of goods is permitted on this express basis accepted by the petitioners that the statutory lien of the B.P.T. is protected and will be preserved till express orders of the Court to the contrary.
In view of this clarification and recording of consent, no further Orders in the Appellant appear to be necessary at that stage in view of the fact that the Motion itself is to come up before the Writ Court on 12th, June 1987. It is directed that on 12th June 1987 the Motion will be placed high up before the Writ Court and the Writ Judge is requested to dispose of the same preferably on 12th June 1987 itself. Parties to bear their own costs of the Appeal. The Appeal is deemed to be finally disposed of.