2007 (12) TMI 430

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....ate of Tamil Nadu v. Lavanya Enterprises (Civil Appeal No. 2448 of 2006 arising from SLP (C) No. 20650 of 2005 dated May 2, 2006) is printed below:] ORDER  :- ASHOK BHAN J.-Leave granted. The Division Bench of the High Court of Madras has refused to interfere with the order passed by the single judge of the High Court relying upon the decision rendered by a Division of that High Cour....

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....h as the bank guarantee pursuant to the directions issued by the High Court has already been furnished by the respondent.   Nothing stated in this order or the interim order passed by the High Court should be taken as an expression of opinion on merits of the dispute and the Division Bench would be at liberty to decide the appeal on its own merits. DR. AR. LAKSHMANAN J.-While disposing ....

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....ith section 5(3) of the Act. On the previous date of hearing on March 21, 2006, counsel appearing for the respondent had brought to our notice that one of the bank guarantees furnished by the respondent with regard to the purchase of 33 tonnes sandalwood has been released by the District Forest Officer vide his order dated February 22, 2002, and also that the Sales Tax Officer's order dated....

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....espondent was liable to pay the demurrage charges for non-removal of the goods within the stipulated period and for the same having been kept by the appellant between May 25, 1999 and June 3, 2000. The delivery of the goods was taken only on the June 3, 2000. The High Court rejected the similar prayer and held that no demurrage charges and penalty were leviable as it was the appellant who did n....