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2015 (11) TMI 764 - BOMBAY HIGH COURTApplication for request to enforce the terms of the facility Notice No.69 of 2011 dated 20 May 2011 issued by the respondent - Held that:- Relation between the importers and the Shipping lines is purely contractual which is by virtue of a contract between these parties, the contract being a contract of carriage of goods and thus it would be outside the purview of the powers of the Customs Officer to in any manner give any directions and/or intervene in any such dispute between the shipping lines and the importer. - The petitioners' grievance is definitely contractual and thus the petitioners would not be correct in contending that the respondents are acting in breach of any statutory provisions or any rules made in that behalf affecting legal rights of the petitioners. We are not shown any statutory provisions or any rule which confers any legal right on the petitioners or the importers and the same being infringed at the hands of the respondents so as to enable us to exercise our writ jurisdiction. Various letters as addressed by the petitioners to the respondents as also specific grievance as urged in the petition and more particularly in para 3 (vi) clearly indicate that the dispute is in regard to the payment of terminal charges, security deposit etc which are completely within the purview of a private contract which the importer has with the Shipping lines. The petitioner is not remediless to seek enforcement of its legal rights under the contract with the shipping lines if they are aggrieved as such. We are therefore, certain that the reliefs as prayed for by the petitioners cannot be granted. - no reason to interfere in the present writ petition except to the extent of accepting the statement as made by Mr.Jetley on behalf of the respondents that the goods on their arrival are taken to the CFS of the choice as given by the importers/Clearing House Agents in terms of facility Notice No.69 of 2011 - Petition disposed of.
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