KOLKATA PORT TRUST Vs. SANTANU DAS

JUDGEMENT

(1.) This Court has heard the parties at length. With the consent of the parties, the appeal is treated on the day's list and the appeal along with the stay application is disposed of by the following order:

(2.) This appeal has been filed by the Kolkata Port Trust (KPT) challenging the order dated 13.05.2004 passed by the learned Judge of the Writ Court in W.P. No. 1663 of 2000. By the said order under appeal the learned Judge of the writ Court, after hearing the learned counsel for the parties, directed the respondents including the appellants to deliver the goods covered under Lot Nos. 851 and 881 of the Tender Notice No. 6 of 2003 to the writ petitioners without asking for rent and demurrage charges, allegedly claimed by the KPT in respect of the lots sold on auction. The undisputed facts of the case are follows: A Tender Notice dated 19.11.2003 was published by the Assistant Commissioner of Customs, Appraising Disposal Unit, inviting tenders for sale of various types of confiscated goods and time expired bonded goods. In the said Notice, it was made clear that the details of terms and conditions of the said Tender would be available at the Customs House Notice Board.

(3.) The writ petitioners duly satisfied the eligibility criteria under the said Tender Notice and deposited the earnest money along with the Tender Form and they were ultimately informed by the Customs authorities that their offer was accepted with regard to Lot Nos. 851 and 881 and the writ petitioners were asked to deposit the balance amount of the sale price and the sales tax thereon within the time mentioned in the said terms and conditions.