2003 (7) TMI 679

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....resent market value of the ten bags of the supari along with interest; (iii) grant such other reliefs this honourable court deems fit in the circumstances of this case including an order as to costs, in the interest of justice and equity. Petitioner is registered transport contractor and commission agent and it undertakes transportation of goods from Mangalore to various destination in India. M/s. Gulmarg Agencies, Attavar, Mangalore, on September 7, 1995 booked 138 bags of arecanuts for transporting the same to Junagadh in the State of Gujarat. The consignor tendered all the valid documents including the bill of sale, delivery note in form 39, etc., at the time of booking. The petitioner dispatched the said arecanuts in a goods vehicle b....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....gard to ten bags of supari. The Tribunal in terms of an order dated October 20, 1997 dismissed the appeal filed by the petitioner. But however observed that, since the penalty imposed has been set aside, the concerned parties are entitled for all consequential reliefs and further observed that, it is open to the petitioner to approach the concerned authority for the release of ten bags of supari which was unloaded for the security of due payment of penalty amount in pursuance of the impugned order of the fifth respondent. In the light of the order of the Tribunal, petitioner made a letter to fourth and fifth respondents to release ten bags of supari in terms of representation dated April 30, 1998 as at annexure C. An endorsement has been i....