- (1.) Pursuant to the Order passed by this Court on September 5, 1994 the appellant had taken substituted service, and served respondents by publishing 'Court Notice' in Hindustan Times Newspaper, New Delhi, Monday dated 19th September, 1994 (Annexure B) at page 115. Although nobody appears for the respondents, notice must be deemed to have been served on the respondents. Leave granted.
(2.) This appeal by special leave arises from the order of Division Bench of the Rajasthan High Court dated 7-2-1994 made in Civil Appeal (Writ) No. 409 of 1992.
(3.) The respondent had consignment of Rolling Mills in 63 cases imported at the Port of Calcutta in October, 1988 and got unloaded at No. 3 Shed, Netaji Subhas Docks of the appellants between October 11 to 17, 1988. The respondent No. 1 was required to obtain delivery of the goods as per the prescribed Scale of Rates but he failed to have them cleared after making payment of demurrage. He made a representation on March 27, 1989 requesting the appellants to waive the port charges and release the goods. Since the appellant refused to do so, on April 18, 1989, the respondent approached the District Court at Bharatpur, Rajasthan and obtained an ex parte ad interim mandatory injunction on 22nd April, 1989 directing the appellant to release the goods within two days on payment of the sum of Rs. 2,26,674.00 (Two lacs twenty six thousand, six hundred and seventy four only) being made while the respondent was due in a sum of Rs. 7,37,400/- to the appellant. When the appellant approached the High Court of Rajasthan by way of Civil Appeal (Writ), the High Court dismissed the same.;