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TMI Blog2015 (11) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1963 (hereinafter referred to as "MPT Act") including the power to sell and dispose of the cargo under their custody. The procedure for obtaining delivery of the cargo from the Port premises was not properly followed. Respondent No. 4 is the owner of the goods or consignee under the Bill of Lading who did not clear the cargo properly. In the circumstance the petitioner has incurred heavy loss. The Port Trust debited Rs. 2,96,861/- and Rs. 6,82,700/- on 20.12.1999 and 30.5.2000 from the account of the petitioner. In the circumstance the petitioner approached this Court for a direction to the respondents 1 to 3 to auction the cargo in dispute and to realise the ground rent and other charges payable under the Major Port Trust Act and to pay the balance sale proceeds if any, to the petitioner and further to recover all pending charges, if any, from respondent No.4 who is the owner of goods. 3. The 1st and 2nd respondents did not file any counter affidavit. In the counter affidavit filed by the 3rd respondent it is contended that the Circular No. 85/95 referred is not applicable in this case since Customs Department has not detained any goods. As soon as the Bill of Entry was filed, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the time being in force relating to Customs, other than by way of penalty or fine. According to Section 60 if the master or owner of any vessel or his agent, at or before the time of landing from such vessel any goods at any dock, wharf, quay, stage, jetty, berth, mooring or pier belonging to or in the occupation of a Board, gives to the Board a notice in writing that such goods are to remain subject to a lien for freight or other charges payable to the ship-owner, to an amount to be mentioned in such notice, such goods shall continue to be liable to such lien for such amount. While sub-section (2) of Section 60 stipulates that the goods shall be retained in the custody of the Board at the risk and expense of the owners of the goods until such lien is discharged and godown or storage rent shall be payable by the party entitled to such goods for the time during which they may be retained. 6. The failure to pay the rates of rent payable to the Port or the freight and its consequence is stipulated under Section 61, while Section 62 deals with the disposal of goods not removed from the premises of the Port Trust within the time limit. Both Sections are relevant. Sub-section (1) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce referred in sub-section (1) may also be served on the agents of the vessel under Sub- section 62(2). According to Section 62(3), if such owner or person does not comply with the requisition in the notice served or published under sub-section (1), the Board may, at any time after the expiration of two months from the date on which such goods were placed in its custody, sell the goods by public auction or the Board after recording the reasons in writing sell by tender, private agreement or in any other manner. Before the procedure specified in sub-sections (2) and (3) of Section 61 shall be complied with. 8. The dispute involved in the instant case is that the 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/Sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Disposal of goods shall be only in accordance with Section 61 and 62 of MPT Act. According to Section 63 the proceeds of every sale under Section 61 shall be applied according to Section 63 of the MPT Act which is as follows: a) in payment of the expenses of the sale; (b) in payment, according to their respective priorities, of the liens and claims excepted in sub-section (2) of section 59 from the priority of the lien of the Board; ) in payment of the rates and expenses of landing, removing, storing or warehousing the same, and of all other charges due to the Board in respect thereof including demurrage (other than penal demurrage payable in respect of such goods for a period of four months from the date of landing. (d) in payment of any penalty or find due to the Central Government under any law for the time being in force relating to customs; (e) in payment of any other sum due to the Board. (2) The surplus, if any, shall be paid to the importer, owner or consignee of the goods or to his agent, on an application made by him in this behalf within six months from the date of the sale of the goods alonw. The ship owner has a lien for freight and other charges ..... X X X X Extracts X X X X X X X X Extracts X X X X
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