Jayanta Kumar Biswas, J. - (1.) The Writ Petition No. 4233 of 1991 was filed in this Court by the appellant. By a consent order disposed of by a learned single Judge. Thereafter, praying for vacation and/or modification of the said consent order, the respondent No. 1 berein filed an application (G.A. No. 2691 of 1998) dated 21st July, 1998. By an order dated 15th January, 1999 this application was disposed of, and the consent order dated 25th June 1998 was modified by the learned single Judge. The against this order dated 15th January, 1999.
(2.) The appellant was maintaining Marine Account No. H-31 with the respondent No. 1. On account of port charges, as indicated in a bill dated 19th February 1991, the respondent No. 1 debited a sum of Rs. 11,53,360/- to this Marine Account. Such action of the respondent No. 1 was challenged in the writ petition dated 26th September 1991. The principal prayer in the writ petition was of refund of such debited amount. In January 1992 the respondent No. 1 filed an opposition contending that the amount in question had been lawfully debited. The appellant by filing a reply dated 20th January, 1992 reiterated its case made out in the writ petition.
(3.) By an order dated 25th June, 1998 the writ petition was disposed of by the learned single Judge. It was a consent order. The order was as follows:- "The Court : By consent of the counsels (sic.) appearing on behalf of the parties, the matter is disposed of by the following orders:- (1) An amount of Rs. 9,81,760/- shall be paid by the Port Authorities to the petitioners. (2) 50% of the aforesaid amount shall be paid within four weeks from date and the balance 50% shall be paid within four weeks thereafter. (3) The payment shall be made by Pay Order to be forwarded by the Port Authorities to the Advocate-on-Record for the petitioners. (4) There will be no order as to costs. All parties are to act on a signed copy of the minutes of this order on the usual undertaking." ;