Supreme Court: <\/b>Affirming the orders of High Courts of Calcutta and Bombay, regarding the payment of demurrage and port charges to the Board of Trustees of a Port in respect of goods brought into the port and warehoused by the said authority, Ranjan Gogoi and R.K. Agarwal, JJ., held that the agent of a ship owner is liable to pay demurrage and port charges in respect of the goods brought into the port and warehoused.<\/p>\n
The Appellants in the present case, through Vikas Mehta, argued that under the provisions of the Major Post Trust Act, 1963; the byelaws of the Port Trust authority and the schedule of rates framed by such authority no liability is cast either on the ship owner or his agent for such payments. So, the liability to pay all rates\/rents\/ port charges being statutory, in the absence of such statutory provisions, the liability sought to be forced upon the Steamer Agents is without the authority of law.<\/p>\n
On the other hand, the Respondents, through A.V. Rangam, contended that a relationship of bailor and bailee between the Steamer Agent and the Port Trust authority comes into existence by virtue of Section 42 of the Act of 1963 and continue till the bill of lading is duly endorsed.<\/p>\n