At, Supreme Court of India
By, THE HONOURABLE DR. JUSTICE A.K. SIKRI & THE HONOURABLE MR. JUSTICE ROHINTON FALI NARIMAN
For the Appellant: G. Harishankar, Sr. Advocate, Gaurav Jain, Abha Jain, Jaivir Singh, S. Sunil, C.M. Jaya Kumar, P.K. Singh, Harsh Gopala, Neeru Vaid, Advocates. For the Respondent: Dhruv Mehta, Sr. Advocate, Arijit Prasad, Surender Kumar Gupta, Disha Singh, B. Krishna Prasad, K.K. Tyagi, P. Narasimhan, Gunjan S. Jain, Praveen Jain, Suchiti Chandra, M/s. M.V. Kini & Associates, Advocates.
1. After hearing the learned counsel for the parties at length, we are of the opinion that case of the appellant is squarely covered by the three Judge Bench judgment of this Court in International Airports Authority v. Grand Slam International And Others (1995) 3 SCC 151 which is followed in Union of India & Ors. v. R.C. Fabrics (P) Ltd. & Ors. (2002) 1 SCC 718 and Trustees of Port of Madras v. Nagavedu Lungi and Co. & Ors. (1995) 3 SCC 730. In view thereof, we find that the High Court has not committed any error in dismissing Modern Rubber Industries v. Union of India, (2003) 154 ELT 571 (Bom) the writ petition of the appellant herein.
2. This appeal, thus, is bereft any merit and is accordingly dismissed.
3. We find that during the pendency of this appeal vide order dated 5.4.2004, followed by an order dated 5.7.2004 the goods which were kept with CWC were allowed to be sold/auctioned. We are informed that the goods were auctioned at a price of Rs.10.19/- lakhs which amount was deposited w
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ith Central Warehousing Corporation (CWC), while raising its claim for demurrage, CWC would be entitled to the same.