Supreme Court of India · 2005-03-31
V.M. SALGAOCAR & BROS. vs BOARD OF TRUSTEES OF PORT OF MORMUGAO
- Citation / case number
- SC 1999/1778
- Court
- Supreme Court of India
- Petitioner
- V.M. SALGAOCAR & BROS.
- Respondent
- BOARD OF TRUSTEES OF PORT OF MORMUGAO
- Author
- BHAN
- Bench
- A.K. MATHUR ASHOK BHAN
Judgment text excerpt
The Supreme Court upheld the High Court's decision affirming the dismissal of the appellant's suit, which was deemed not maintainable due to lack of notice under Section 120 of the Major Port Trust Act, 1963, and barred by limitation. The Court clarified that the surcharge imposed by the Board for iron ore handling was valid and within the Board's jurisdiction under Section 48 of the Act, as it was necessary for the proper utilization of port facilities. The Court concluded that the appellant's challenge to the surcharge was without merit, thereby affirming the lower court's ruling.