Arindam Sinha, J. - (1.) The challenge in this writ petition is directed against an order signed by the Trustees of the Kolkata Port Trust on 16th December, 2005 by which they found no waiver of demurrage charges as payable by the petitioner and the Customs, could be granted.
(2.) Mr. Talukdar, learned Senior Advocate appearing on behalf of the petitioner submitted that a document being part of guidelines for waiver of demurrage charges of import cargo was relied upon by the Board to reject the claim of the petitioner for waiver when such document was not disclosed to the petitioner and the case of the petitioner was for waiver of demurrage charges on exportation of goods. Mr. Talukdar relied upon Section 53 of the Major Port Trusts Act, 1963 to submit, the Board in effect did not apply its mind to the case for waiver made by the petitioner.
(3.) Mr. Bharadwaj, learned Advocate appearing on behalf of the Customs submitted the said authority had also applied for waiver of demurrage charges said to be payable by it. On a reading of paragraph 9 in the impugned order as well as the statements made in the affidavit in opposition, filed and copy served today, the case of the said authority was it did not have notice of the hearing and thus was unrepresented.;