ASHIM KUMAR BANERJEE, J. - (1.) The respondent No. 1, P. G. Modak & Sons, was a partnership firm carrying on business of clearing and forwarding Agents under the license granted by the Appellant No. 1. The license was issued under Bye law No. 55A. Section 56 and 58 of the Major Port Trusts Act, 1963 (hereinafter referred to as the said Act of 1963) deal with the mode of realisation of charges short levied or erroneously refunded or quoted.
(2.) Between April 1988 and July 1988 the respondent No. 1 cleared goods belonging to various importers and exporters from the port of Haldia upon payment of Port charges so levied upon them. The Port Trust, however, at the time of levying such port charges erroneously gave credit for 14 days free period whereas the consignees were entitled to 7 days free period. The Port Trust raised supplementary bills upon the respondent No. 1 at a subsequent stage. The respondent No. 1 expressed their inability to pay the same on the ground that since they cleared goods during the said period belonging to various importers and exporters, it was not possible for them to make payment of the said subsequent bills. The Port Trust gave several reminders for payment of the short levied amount aggregating to Rs. 11.15 lakhs. The respondent No. 1 by their letter dated January 3, 1994, however, prayed for time to make payment of the said short levied amount which was ultimately not paid by the respondent No. 1.
(3.) On January 11, 1994 the respondent No. 1 filed the instant writ petition, inter alia, asking for quashing of the bills raised by the Port Trust being the difference of the amount of Port charges which were short levied upon the respondent No. 1.;