Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1963-Sections 61 to 63 Major Port Trusts Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Major Port Trusts Act, 1963-Sections 61 to 63-Sale of unclaimed cargo by public auction-Port Trust in terms of its Board Resolution deducted 50% of the sale proceeds towards sale expenses-Such deduction challenged by way of writ petition-High Court holding that the controversy raised involved adjudication of facts which was not possible in a writ petition, advised pursuance of ordinary civil remedy-On appeal, held: The Board passed resolution to deduct 50% of the sale proceeds as sale expenses, as it was not possible to precisely determine the sale expenses in each case-The resolution has not been shown to be invalid on any ground-In fact, in two relevant years, the actual sale expenses exceeded the amount realized on basis of the impugned resolution and the Port Trust suffered loss -Hence, no case made out for interference under Article 136 of the Constitution-Constitution of India, 1950-Article 136. Appellant imported certain consignments of copper cathodes from Germany in August, 1998. The consignments were not cleared by the appellant from the Port Trust and were therefore sold in public auction in 2000. The Port Trust deducted 50 per cent of the sale proceeds towards sale expenses. Appellant filed writ petition in High Court challenging the deduction. It contended that the sale proceeds towards expenses of sale on actual basis only should be deducted and the balance amount should be paid to the appellant. High Court held that the controversy raised involved adjudication of facts which was not possible in a writ petition filed under Article 226 of the Constitution. The writ petition was accordingly disposed of permitting the appellant to pursue ordinary civil remedy for redressal of its grievance. Hence the present appeal. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2005 INSC 189 |
Petitioner | M/s. Gujarat Cypromet Ltd. |
Respondent | Union Of India And Ors. |
SCR | [2005] 3 S.C.R. 339 |
Judgement Date | 2005-04-07 |
Case Number | 2472 |
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