1989 (11) TMI 50

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....a, for an appropriate writ of Mandamus commanding the respondents to forbear from acting or further acting or giving any effect or further effect or taking any steps or further steps on the basis of the impugned order dated 23-6-1979 being Annexure 'C' to the writ petition and further commanding the respondents to proceed and implement in accordance with the order dated 31-5-1979 being Annexure 'A....

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....s in question to respondents Nos. 7 and 8 is an arbitrary decision taken whimsically and without any application of mind. From the materials on record, it further appears that in the letter dated 31-5-1979 written by the Assistant Collector of Customs that the two lots have been sold to the highest bidder. The price of the said goods was increased to Rs. 9,00,000/- as against Rs. 8,00,000/-. The a....

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....ition is contested by the Port Trust authorities. Mr. Banerjee appearing for the Port Trust authorities submit that the Port Trust authorities by implication should be deemed to be the owner of the goods and there is no bar and/or impediment to release the goods as the petitioners have made prima facie payment. Having heard in details and looking into the materials on record this Court does not ap....