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of <h1>Court awards surplus amount to importer under Major Port Trust Act, emphasizing timely filing and valid application.</h1> The Court ruled in favor of the petitioner, a business entity importing goods, determining that they were entitled to the surplus amount from the auction ... Imported goods auctioned by the Port Trust Authorities due to delay in clearance Issues:1. Whether the petitioner is entitled to the surplus amount from the auction of imported goods.2. Whether the petitioner's claim for the surplus amount was filed within the statutory period of six months.3. Whether the petition filed under Article 226 of the Constitution should be entertained despite the limitation period under Section 120 of the Major Port Trust Act.Analysis:1. The petitioner, a business entity importing goods, claimed entitlement to the surplus amount from the auction of goods imported by them. The petitioner argued that as per Section 63 of the Major Port Trust Act, 1963, the surplus amount should be paid to the importer within six months of the sale of goods. The respondent contested the claim based on the timing of the application for the surplus and raised objections regarding the petitioner's entitlement. The Court analyzed the provisions of the Act and concluded that the petitioner was indeed entitled to the surplus amount as the application for the surplus was made within the stipulated period. The Court emphasized that the demand made by the State Bank of India, acting on behalf of the petitioner, was a valid application within the statutory timeline, establishing the petitioner's right to the surplus amount.2. The crucial issue revolved around whether the petitioner's claim for the surplus amount was filed within the prescribed six-month period as mandated by the Major Port Trust Act. The respondent argued that the application was not timely filed and, therefore, the petitioner was not entitled to the surplus. Contrary to this contention, the Court held that the application sent by the State Bank of India on behalf of the petitioner constituted a valid claim made within the statutory timeframe. The Court reasoned that the Bank, acting as the petitioner's agent, effectively fulfilled the requirement of submitting the application within the stipulated period, ensuring the petitioner's right to the surplus amount.3. The Court addressed the issue of whether the petition filed under Article 226 of the Constitution should be entertained despite the limitation period specified in Section 120 of the Major Port Trust Act. The respondent contended that the petitioner's claim would have been time-barred under Section 120 if pursued through a suit, and hence, the petition should not be entertained. However, the Court rejected this argument, emphasizing that the period of limitation does not apply to writ proceedings. The Court highlighted the importance of ensuring justice and fairness, stating that technicalities should not be used to defeat legitimate claims. Ultimately, the Court ruled in favor of the petitioner, directing the respondent to pay the surplus amount and bear the costs of the petition within a specified timeframe, underscoring the Court's obligation to uphold justice in such matters.
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