- (1.) THIS mandamus appeal is at the instance of the Calcutta Port Trust and is directed against the order dated 27th April, 2004 passed by a learned Single Judge of this Court by which His Lordship disposed of a writ application filed by the respondent before us by holding that the writ petitioners were liable to pay demurrage at the applicable rate for the period between 6th August, 1990 and 14th August, 1990 and also for the period between 18th September, 1990 and 22nd September, 1990 in respect of the goods in question.
(2.) BEING dissatisfied, the Port Trust Authority has come up with the present mandamus appeal.
(3.) THE following facts are not in dispute: the goods in question were landed at the Calcutta Port on 22nd July, 1990. At that point of time, a strike was going on at the instance of the private employees of the clearing agents, and those employees of the clearing agents were not clearing the goods from the port-area. The strike continued up to 5th August, 1990. In this case, the writ petitioner approached this Court on 14th August, 1990 alleging illegal imposition of demurrage-charge for non-removal of the goods on the ground that in view of the strike of the employees of the clearing-agents, they were not in a position to remove the goods and as such, they should not be liable to pay demurrage. By an order dated 14th August, 1990, a learned Single Judge of this Court permitted the writ petitioners to remove the goods without payment of demurrage on their undertaking before his Lordship that in the event the writ petition failed in the long run, they would pay the demurrage-charge. The said order dated 14th August, 1990 was communicated to the Port Trust Authority on 22nd August, 1990 and the writ petitioners demanded clearance certificate for removal on the basis of the order of the learned Single Judge. The Port Trust Authority, however, did not permit the writ petitioners to remove the goods unless actual order of this Court was placed before it. Ultimately, the Port Trust Authority preferred an appeal against order dated 14th August, 1990 and on 17th September, 1990, a Division bench of this Court modified the order passed by the learned Single Judge by directing the writ petitioners to give bank guarantee as condition precedent for removal of the goods without payment of demurrage charge levied by the Port trust Authority subject to the final decision in the pending writ application. On September 22, 1990, the writ petitioners actually removed the goods after giving bank guarantee pursuant to the order passed by the Appellate Court.;