river Ganges, near its factory
at Birlapur, causing substantial damage to the said jetty, as also the underlying
water pipe lines. From the documents disclosed ... recovery of the loss
suffered by it on account of its damaged jetty and the underlying water pipe
lines. It has also claimed for recovery
ready, as jetties
need to be renovated/ modified and further the appellant could not
prove if it suffered any damage on account of the aircraft ... adhere
to this timeline was to result in payment of liquidated damage without
proof, to the injured party. It was submitted that by introducing
order, BOARD may “(i) declare that such dock, berth, wharf, quay,
stage, jetty or pier is ready for receiving, landing or shipment of goods ... specified in such order, except at such dock, berth,
wharf, quay, stage, jetty or pier”. Section 41(2) declares that once such a
notified order
plaintiff through the pipe line and the water pump laid on
the jetty servicing the North Mill;
(c) Perpetual injunction restraining the defendants either ... river through the pipe line and
the water pump laid on the jetty servicing the North Mill;
(d) Decree for Rs. 83,44,993.66 against
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