Indira Banerjee, J. - (1.) The short question involved in this writ application is, whether on conjoint reading of Sec. 59 of the Major Port Trust Act, 1963, with Sec. 6 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, the respondent No. 1 has a right of lien over goods of third parties with whom there was no privity of contract, kept in a warehouse at premise owned by the Kolkata Port Trust, for rent due to the Kolkata Port Trust, from its lessees and/or tenants.
(2.) The petitioner No. 2, as proprietor of the petitioner No. 1, carries on business inter alia of import and export of diverse goods as specified in the petition. It is claimed that in usual course of business the petitioners imported diverse goods from Vietnam and Indonesia between August 2006 and March 2007. The aforesaid goods were stored at a warehouse run by the respondent No. 5, M/s. Sea Rock Commerce Ltd., hereinafter referred to as Sea Rock at premises owned by Kolkata Port Trust.
(3.) The respondent No. 4, M/s. Warren Industrial, hereinafter referred to as respondent Warren, was at all material times a lessee under the respondent No. 1. Respondent Warren inducted respondent Sea Rock to occupy the said warehouse.;