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TMI Blog2010 (7) TMI 304X X X X Extracts X X X X X X X X Extracts X X X X ..... ers under 3 bills of lading in which the final place of destination was shown as Kandla Port. The description of the goods as given in the bills of lading was "Heavy Metal Scrap" (seven containers) and Hollow Section Tubes (eighth container), though, in fact, all the containers contained war material/explosives such as artillery shells, etc. The containers were shipped to Kandla Port on the vessel of M.V. Orient Patriot and were off-loaded in the months of October and December, 2004. 4. Since the goods were not as per the description given in the bills of lading, the same were confiscated by the Customs Department. Respondent No.1 made representations to the appellant for release of the containers after de-stuffing the goods. The appellant sent communications to Superintendent of Police, Bhuj and General Staff Officer, 11 Infantry Division, APO, Ahmedabad to take possession of the war material/explosives but both the authorities declined to do so by citing the grounds of lack of power to do so or non availability of resources. On 6.6.2006, the appellant issued bills to respondent No.1 for levy of container storage charges and ground rent. Respondent No.1 challenged the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cts of the case on which the Hon'ble Apex Court passed the order dated 24.7.2001. In that case, the consignees of the cargo contained in the container issued a letter abandoning their cargo. Here in the present case, no such letter of abandonment has been issued by the consignees. In that view of the matter, the learned Single Judge has rightly relied upon and interpreted the TAMP Order No. 120 dated 28th August, 2000 issued through the Government Notification published in Part-III Section 4 of the Gazette of India, Extra Ordinary being Tariff Governing Body for all major ports. Therefore, it cannot be said that the learned Single Judge has ignored the order of the Hon'ble Apex Court. On the contrary, the Hon'ble Single Judge has come to the conclusion that the decision of the Hon'ble Apex Court is in different set of facts and has no application to the facts of the present case so far as it involves claim of abandonment of the container for the purpose of levy of ground rent by the Port Authority. 5. With reference to para 2(b) of the LPA, it is submitted that the learned Single Judge has considered the TAMP Notification referred to above and the order passed by Hon'ble Di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d means to take back their containers without waiting for the expiry of the stipulated period when only the Port Trust can release the containers after arranging for auction of the cargo. The Lines have two options. They can take back the (loaded) containers to the Port of Origin. Alternatively, the Lines can resume custody of the containers and move such containers to any outside private CFS and arrange for de-stuffing of cargo before taking back the empty container. (In such cases, the responsibilities of the Port Trust as a "bailee" will cease as soon as the Line resumes custody of the containers) there are many approved private CFS's available in the vicinity of a Port, and as per the contract carriage of goods a carrier can also dispose of the goods by auction under certain circumstances. That being so, the lines need not depend only on the ports to take action for release of the containers." Annexed hereto and marked as ANNEXURE: "R-1" is the copy of the aforesaid TAMP Order dated 28th August, 2000. It is submitted that based on the above clarification on Issue No.(V) of the TAMP Order, the KPT used to issue request letters to concerned Line Agent requesting t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fact that representations made by it for release of containers after de-stuffing the goods were not entertained. 8. Learned counsel for respondent No.1 supported the impugned order and argued that the Division Bench of the High Court rightly quashed the demand for containers storage charges and ground rent because the appellant failed to take action for release of containers within a reasonable time after de-stuffing the goods. Learned counsel emphasized that respondent No.1 cannot be blamed for attempted import of war material/explosives because its functionaries had no knowledge about the clandestine operation, if any, carried out by the consignors and consignees. 9. We have considered the respective submissions and gone through the relevant statutory provisions as also the orders issued by the Tariff Authority for Major Port Trusts. Undisputedly, the special civil applications filed by respondent No.1 were summarily dismissed by the learned Single Judge without calling upon the appellant and respondent No.2 to file counter affidavits to admit or controvert the averments contained therein. This being the position, the appellant had a legitimate right to file count ..... X X X X Extracts X X X X X X X X Extracts X X X X
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