- (1.) This appeal arises out of a judgment dated 28-12-2001 of the High Court of Gujarat in a writ petition (Special Civil Application No. 771 of 1985) preferred by the sole respondent herein (a company recognised under the Companies Act, 1956). The 1st appellant herein is a body corporate (called BOARD) established under the Major Port Trusts Act, 1963 (hereinafter referred to as "THE ACT") and the second appellant is one of the officers of the 1st appellant. Both the appellants were respondents in the above-mentioned writ petition.
(2.) The relevant facts leading to this appeal are that the respondent imported certain goods through a Port under the administration of the 1st appellant herein. In that process the respondent became liable to pay certain "rates" to the 1st appellant under various heads (the details of which are not necessary for the present purpose). The respondent paid the amounts demanded by the 1st appellant.
(3.) Subsequently, the respondent came to believe that it made payment in excess to the tune of Rs. 6,99,588.66 of the amount legally due from it. The respondent, therefore, addressed a letter dated 8-3-1984 calling upon the 1st appellant to refund the above-mentioned amount.;