Ajit Kumar Sengupta, J. - (1.) In this application under Article 226 of the Constitution the petitioner claims for refund from the Port Trust authorities for having paid demurrage charges for delay in taking delivery of the goods in spite of the Wharf Rent Exemption Certificate issued by the Customs authorities.
(2.) The facts of the case are shortly stated as under: The petitioner carries on business of, inter alia, manufacture of shoddy woollen goods under the name and style of Messrs National Carpet Industries, G.T. Road, Dhariwal, Punjab as a sole proprietor thereof. The said concern of the petitioner is a small scale industrial unit duly registered as such with the Government of Punjab. Under the Import Policy of the Government of India, issued from time to time, several items are importable under the Open General Licence Scheme of the respective Import Policies. During the Policy period April, 1984 to March, 1985 woollen rags containing more than 50% wool content by weight were importable under the OGL Scheme of the Government of India
(3.) In terms of the said provisions of the Import Policy, 1984-85 the petitioner purchased from Messrs Electrometal (India) Private Limited of 3C, Camac Street, Calcutta 320 M/Tons of the said goods as per terms and conditions agreed by the parties.;