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Supreme Court of India 2025-04-03 partly_allowed

PORT TRUST & ANR vs CLIFFORD D SOUZA ETC.ETC

Bench: 2 — Vikram Nath, Prasanna B. Varale

In Brief

The New Mangalore Port Trust sought recovery of arrears of licence fee from respondent-licensees after revising the tariff retrospectively, but faced a limitation defence. The District Judge and High Court quashed the recovery proceedings as time-barred. The Supreme Court allowed the appeal in part, holding that the respondents' written acknowledgment of the debt (despite objecting to retrospective application on appeal) triggered a fresh period of limitation under Section 18 of the Limitation Act, extending the recovery period. The Court also remanded the matter, directing the High Court to defer hearing the port trust's writ petition until pending intra-court appeals challenging the tariff's retrospectivity are decided, so both matters can be considered together.</summary_100>

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Limitation Act Land and Immovable Property Port and Port Authority Civil Procedure

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