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    <title>2013 (3) TMI 890 - CALCUTTA HIGH COURT</title>
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    <description>A contractual lien cannot be extended beyond the scope and purpose for which it was created, and a port could not retain a contractor&#039;s machinery, equipment or material after termination where the agreement did not support such retention. The court further found no prima facie basis to treat the contractor as having abandoned the work for commercial reasons, as the record reflected disturbances and repeated requests for protection rather than a simple business walkaway. It also held that a disputed claim for unliquidated damages did not justify attachment before judgment or security, particularly where the goods were already subject to a prior charge and the balance of convenience did not support immobilising them.</description>
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    <pubDate>Fri, 22 Mar 2013 00:00:00 +0530</pubDate>
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      <title>2013 (3) TMI 890 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=460029</link>
      <description>A contractual lien cannot be extended beyond the scope and purpose for which it was created, and a port could not retain a contractor&#039;s machinery, equipment or material after termination where the agreement did not support such retention. The court further found no prima facie basis to treat the contractor as having abandoned the work for commercial reasons, as the record reflected disturbances and repeated requests for protection rather than a simple business walkaway. It also held that a disputed claim for unliquidated damages did not justify attachment before judgment or security, particularly where the goods were already subject to a prior charge and the balance of convenience did not support immobilising them.</description>
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