In Brief
A major port authority (now Paradip Port Authority) and a phosphate company entered into a 1985 agreement fixing exclusive berthing tariffs. The port authority revised tariffs in 1993 without the company's consent, citing statutory powers. The company sued for declaration and injunction. The matter went through arbitration, appeal, and high court proceedings spanning decades. The Supreme Court held that tariff revision for port facilities is a technical matter requiring expert judgment by TAMP (Tariff Authority for Major Ports), not interpretation of contracts alone. The Court set aside all previous orders and remitted the disputes to TAMP for fresh adjudication, requiring proper hearing to both parties, applying cost-plus-return principles rather than original contract terms.
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