Kirpal, J. - (1.) The common question involved in these appeals is whether the appellant-Board of Trustees of the Port Trust constituted under the Major Port Trusts Act, 1963 (for short 'the MPT Act') have a general lien for their dues over the present or future consignments imported by the importers at the Bombay Port when the said dues are in respect of the past imports made by the said importers.
(2.) The respondents in these appeals are importers who had imported various consignments of woollen rags from time to time. After the arrival of these consignments at the Bombay Port a dispute arose between the respondents and the custom authorities as to whether the imported goods were woollen rags or woollen garments. After considerable period of time the imported goods were confiscated by the custom authorities but the importers secured orders to get the goods released on payment of fine. During this period the imported goods remained at the docks till the order of confiscation was passed.
(3.) In respect of the period during which the goods remained at the docks the appellants issued notices to the respondents demanding demurrage charges. With the exporters denying the liability of Port Trust authorities instituted various suits to recover wharfage and demurrage charges. We are in these appeals not concerned with the suits.;