- (1.) THE appllants above named were the writ petitioners who filed the writ petition on or about 23rd July, 1997 prayed for amongst other reliefs; (b) Writ do issue in the nature of mandamus commanding the respondents port authorities to provide the services which they have undertaken to do in the port in accordance with the procedure laid down by them and to arrange for destuffing the cargo and to release the said containers list of which is described in Annexure 'b' hereto; (c) Declaration that the port authorities are not entitled to charge any demurrage till the date of release of the said containers.
(2.) THEREAFTER owing to subsequent development in view of passing of orders by this Court and consequently sale of the goods as stated hereinafter the writ petition was amended praying for amongst other reliefs: (b-1) A writ of and/or in the nature of mandamus do issue commanding the respondents and each one of them to sell the said cargo of urea forthwith and to pay all the amounts spent by the petitioner on transportation and destuffing of the said cargo and also for the demurrage already debited by the respondent authorities in respect of the said containers; (b-2) A writ of and/or in the nature of mandamus do issue commanding the respondents and each one of them not to charge any demurrage on fcl containers; (b-3) A writ of and/or in the nature of Mandamus do issue commanding the respondents and each one of them to act in accordance with the Major port Trusts Act and only to debit the demurrage charges subject to the lien exercised by the petitioner upto the period of 2 months from the date of landing of the containers and not thereafter; (b-4) A declaration be made that the excess amount sought to be recovered by the port authorities be refunded and/or adjusted by the port authorities in the marine account of the petitioner, (b-5) A writ of and/or in the nature of mandamus do issue commanding the respondents and each one of them to discharge a lien of the petitioner on the said goods before appropriating the same on any other account.
(3.) THE learned Trial Judge by the judgement and order impugned dismissed the writ petition.;