- (1.) The petitioners being steamer agent and shipowner had by this writ petition prayed for issuance of mandamus upon the Kolkata Port Trust and Customs to forthwith release 78 containers belonging to them upon allocating suitable space for storage of the cargo contained therein and for refund of ground rent debited to their marine account. By order dated 12th February, 1996 of this court the said two Authorities were directed to allow the petitioners to de-stuff the cargo in the 78 containers within one week therefrom and, thereafter, to allow them to remove the containers for their use. The Kolkata Port Trust was also directed to refund the ground rent debited to their marine account, it being held that the said Authority could have no claim for demurrage against them.
(2.) The Kolkata Port Trust preferred an appeal which was disposed of by order dated 4th December, 1996 directing, inter alia, the order under appeal was set aside and the matter remanded for hearing on affidavits. Further and other directions were made in the said order requiring the petitioners to deposit a sum of Rs.14 lakhs with their learned Advocate on record to be invested in a short term fixed deposit, subject to which the Port Authority was to de-stuff the containers whereafter the petitioners would be entitled to remove them without any objection from the Customs or Port Authorities. On 17th February, 1997 the containers upon having been de-stuffed were removed by the petitioners. The petitioners say they had already paid demurrage charges of Rs.22,92,912/- and admitted in the list of dates handed up on their behalf, the further charge of Rs.6,84,849.80/- to be payable to the Port Authority on account of cost of de-stuffing 78 containers in terms of the order of the Hon'ble Division Bench.
(3.) As aforesaid the petitioners had claimed their containers and refund of ground rent. The containers having been returned to the petitioners, the question for consideration therefore became whether the petitioners were liable to pay the demurrage charges claimed by the Port Authority.;