1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.433 OF 2009 IN SUIT NO 2204 OF 1984 The Board of Trustees of the Port of Bombay .. Plaintiffs Vs M/s. Ashok Traders & Anr. .. Defendants Mr. U.J. Makhija with P. Khandhar i/b. M/s. Mulla & Mulla & CBC for the Plaintiffs Ms. N. Sumani i/b. M/s. Bhatta & Saldanha for Defendant No. 2 CORAM : DR. D.Y. CHANDRACHUD, J DATE : 13th APRIL, 2009. P.C.: 1. The relief that has been sought in the Motion by the 2nd Defendant is that the dispute in the suit be referred to the Committee of Disputes of the Government of India for adjudication. 2. The claim in the suit is for the recovery of statutory dues of Rma NMS43309130409.sxw 2 the Bombay Port Trust. The First Defendant is the Importer / Owner of the consignment whereas the 2nd Defendant is the Vessel Agent. The 1st Defendant has relied upon the Judgment of the Supreme Court in Oil and Natural Gas Commission and Anr Vs Collector of Central Excise 1995 Supp(4) SCC 541. On the other hand, learned counsel for the Plaintiffs relied upon the subsequent Judgment of the Supreme Court in Steel Authority of India Ltd Vs Life Insurance Corporation AIR 1997 SC 2590 wherein it has been held that a dispute relating to the recovery of property under Public Premises (Eviction of unauthorized occupants) Act 1971 is a petty dispute which is not required to be referred to the High Powered Committee. Reliance is also been placed on a letter dated 27.04.1994 of the Ministry of Service Transport 3. The claim in the suit is for statutory dues of the Port Trust. At the hearing, the learned counsel appearing on behalf of the Rma NMS43309130409.sxw 3 Plaintiffs states that under the Amnesty Scheme, the entire dispute could be resolved by payment of an amount of Rs. 34,000/- approximately to the Port Trust. The dispute relates to the recover of statutory dues of the Port Trust. Such a dispute is not required to be referred to the High Powered Committee. There is no merit in the Notice of Motion. It shall accordingly stand dismissed. Suit to be placed for directions on 24.04.2009 (DR. D.Y. CHANDRACHUD, J) Rma NMS43309130409.sxw 4 Rma NMS43309130409.sxw