T M INTERNATIONAL LOGISTICS LTD Vs. TARIFF AUTHORITY FOR MAJOR PORTS
LAWS(CAL)-2009-5-50
HIGH COURT OF CALCUTTA
Decided on May 15,2009

T M INTERNATIONAL LOGISTICS LTD Appellant
VERSUS
TARIFF AUTHORITY FOR MAJOR PORTS Respondents

JUDGEMENT

- (1.) THE growing pains of privatisation come to the fore in these proceedings.
(2.) THE writ petition question the tariff set for them to operate berth No. 12 at the Haldia port. The principal challenge is as to the authority of the statutory body to set rates retrospectively and require the first petitioner company to refund to its clients the alleged excess payment received over several years. The incidental challenge to the rates is in the Authority acting unreasonably and failing to take into account relevant considerations that has resulted in a lower tariff being fixed than what the petitioners claim to deserve.
(3.) THE first petitioner company is an lndo-German joint venture that provides logistic services including port operations in India, chartering, steamer agency, shipping and clearing and freight forwarding services.;


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