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2015 (11) TMI 501 - KERALA HIGH COURTDemand of ground rent - Request for auction of cargo - whether the petitioner is entitled to get the cargo cargo destuffed from the FCL container which is lying at Cochin Ports C.Y.(Rajeev Gandhi Container Terminal) of the respective shipping lines beyond a period of two months from the date of its landing - Held that:- 4th respondent failed to take delivery of the cargo and the Port authorities failed to destuff the cargo from the container and to release the container. The Ground Rent charge was demanded by the Port authorities for retaining the goods kept in the container at the Port premises for a long time which is clear from the records itself. The Port Trust Authority has not destuffed the goods. Moreover, they have not filed any counter affidavit with regard to any difficulty to comply with the request. When the writ petitioners/Shipping Agents approached the customs to take the containers they contended that they have not detained any containers. In short, because of the lapse on the part of the 4th respondent on one side and the lapses from the side of Port authorities on the other side, the writ petitioners were forced to pay huge amount towards 'Ground Rent', for keeping the containers without being destuffed in the premises of the Port. Board, after the expiry of two months from the time when such goods have passed into its custody may think it fit to sell the goods by public auction. In such a case, the Board shall follow the procedure under Section 61 of the MPT Act. But, the petitioner has not made any application. Therefore, his contention regarding release of goods is unsustainable. In the circumstance petitioner is at liberty to file an application before the Port Trust authorities within 15 days from the production of this judgment - Decided against Appellant.
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