DIPAK KUMAR SEN, A.C.J. - (1.) The material facts and proceedings leading up to this appeal are, inter alia, that the authorities constituting the Calcutta Port Trust in exercise of their powers under S.64 of the Major Port Trust Act, 1963 proceeded to distrain and sell a sea going vessel named "M.V. VALIPERO" belonging to the respondent No. 4 herein to recover rates and charges claimed to be due to the Calcutta Port on account the said vessel. No rules have been framed laying down the procedure of sales as are effected under S.64 of the said Act of 1963.
(2.) On the 19th Feb. 1987, advertisements were published in the name of the Chairman, Board of Trustees for the Port of Calcutta, the respondent No. 2 herein inviting tenders from prospective purchasers. It was stated that the tenderers would have to deposit a sum of Rs. 2 lakhs with the Treasurer in cash or bank draft by way of earnest, that the tenders would be received by the Director, Marine Department, Calcutta Port Trust, respondent No. 3 herein up to the 18th March, 1987 and that the tenders would be opened at 2.30 p.m. on the 18th March, 1987 in presence of the tenderers or their authorised representatives who would be entitled to be present. It was further stated that the Calcutta Port Trust reserved the right to reject any tender or tenders without assigning any reason.
(3.) Pursuant to the said advertisements, tenders were submitted by seven parties including M/s. Swastika Enterprises, the appellant No. 1 and M/s. Amar Streel Industries, the respondent No. 5 herein.;