- (1.) These appeals are filed by the appellant New Mangalore Port Trust challenging the legality and correctness of the order, dated 27th February 2008 passed in W.P.Nos. 46244/2004, 27521/2004 and 27522/2004 by the learned Single Judge.
(2.) Respondents 1 and 2 who were writ petitioners challenged the order passed by the appellant to recover certain amounts from the respondents who are engaged in the business of carrying cargo from various ports in the Country under the head Service Charges viz., Port dues, Pilotage and Berth Hire Charges on the ground that the claim made by the appellant was barred by limitation in view of Section 56 of the Major Port Trusts Act, 1963 (for short hereinafter referred to as 'the Act').
(3.) The learned Single Judge after hearing the parties came to the conclusion that certain demands made by the appellant was barred by time and as such, all those amounts barred by time, cannot be recovered by the appellant. Accordingly, the writ petitions were allowed in part and also liberty was reserved to the respondents to give appropriate representation to the Central Government seeking remission of the amount in terms of the direction issued by the learned Single Judge. Being aggrieved by the finding of the learned Single Judge holding that certain demands are barred by limitation under Section 56 of the Act, the present appeals are filed.;