IN IN IN THE HIGH COURT OF BOMBAY AT GOA THE HIGH COURT OF BOMBAY AT GOA THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.25 OF 1995 1. Salgaocar Engineers Pvt. Ltd., a Company incorporated under the Companies Act 1956 and having its office at Salgaocar Chambers, Margao, Goa; 2. Mr. Devulaballi Bhagwan Swarup, resident of Willy Apartment, Margao, Goa ... PETITIONERS VERSUS The Board of Trustees of the Port of Mormugao, a body incorporated under the provisions of the Major Port Trusts Act, 1963 and having their office at Mormugao, Goa ... RESPONDENTS. ----- Mr. A.N.S. Nadkarni and Mr. M.S. Sonak, Advocates for the Petitioners. Mr. V.B. Nadkarni, Sr. Advocate, with Mr. Y.V. Nadkarni, Advocate,for the Respondents. ----- CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & P.V. P.V. P.V. HARDAS,JJ. HARDAS,JJ. HARDAS,JJ. DATED : JUNE 3, 2003. ORAL JUDGMENT (Per F.I. REBELLO,J.) F.I. REBELLO,J.) F.I. REBELLO,J.) The Petition was directed against the levy of the special charges while loading ore in the port area into ocean going vessels by the Respondents on account of the use of transhipper "M.V. Gosalia". "M.V. Gosalia". "M.V. Gosalia". It was contended that Respondents had no jurisdiction or authority in law to recover special charges. 2. The same issue was an issue before - 2 - another Division Bench of this Court in Writ Petition No.85 of 1996 which has been disposed of by a speaking Order of this Court dated July 24, 2002. The learned Division Bench relied on the Judgment of the Apex Court in Civil Appeal No.1472 of 1986 decided on September 11, 1996 which had negatived a similar contention. 3. Considering the view taken by the Division Bench of this Court relying on the Judgment of the Apex Court, we find no merit in this Petition. In the light thereof, the Rule is discharged. There shall be no order as to costs. F.I. F.I. F.I. REBELLO,J. REBELLO,J. REBELLO,J. P.V. P.V. P.V. HARDAS,J. HARDAS,J. HARDAS,J. ac.