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Judgment
I.P. Mukerji, J
This application is entertained on the express undertaking of the petitioner to comply with all formalities regarding filing including stamping and punching of the petition immediately upon resumption of normal court business.
The petitioners say that about forty-five metric tons of coal belonging to them and lying open in the Haldia Port are not allowed to be removed by them by the Port Trust authorities.
Learned counsel appearing for the petitioners submits that these goods are perishable in nature.
Mr. Ray, learned counsel appearing for the Port submits that these goods are lying from December 2019, they are not perishable and that, there is an allegation that at least a part of it is stolen. More importantly, a large sum of rent for storing the goods is due to the Port.
As far as the allegation of theft is concerned, I do not think that the port is concerned with that. It is only obliged to hand over the goods to the petitioners who entrusted them with it.
Learned counsel does not have positive instruction whether clearance of the goods from Haldia Port is allowed at this point of time.
In that view of the matter, I pass the following order:-
(a) The Chairman of the Board of Trustees of Kolkata Port Trust shall waive port charges payable by the parties during this lockdown period.
(b) The petitioner will be allowed to clear the goods from the Port premises upon payment of the Port dues and other charges payable by them. If there is a dispute with regard to the amount, the admitted amount shall be paid by cash and the disputed amount secured by a bank guarantee to the satisfaction of the port authorities.
(c) At the time of clearance of the goods the police shall be informed by the authorities so that they may take appropriate action, if thought fit with regard to the allegation of theft.
(d) The goods shall be cleared from and transported out of the port to their destination, strictly, in accordance with the norms during the lockdown period.
This application being CAN No.3001 of 2020 is disposed of.
Let affidavits be exchanged in the main writ in the following manner.
Affidavit-in-opposition be filed by 8th June.
Affidavit-in-reply be filed by 22nd June.
The writ application may be mentioned before the appropriate court for early hearing.
All parties are to act on a server copy of this order on the usual undertakings.