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TMI Blog2015 (11) TMI 764X X X X Extracts X X X X X X X X Extracts X X X X ..... e the terms of the facility Notice No.69 of 2011 dated 20 May 2011 issued by the respondent no.4. 2. It is the case of the petitioners that respondent no.4 to facilitate seamless container movement operations from the Port to the Container Freight Station (for short 'CFS') had issued facility notices from time to time. These facility Notices are issued after undertaking a consultative process with the concerned stake holders. Facility Notice no.61 of 2007, provides for a mail based procedure for monitoring the movement of imported containers from the Port to a CFS. Thereafter, facility notice No.21 of 2008 came to be issued whereby the procedure for movement of import cargo in containers from the port to the CFS came to be prescrib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tices and that the shipping lines were accordingly intimated by them of the CFS as selected by the petitioners where the imports would be required to be taken on their arrival at the Port till the goods are cleared. It is the petitioner's case that the shipping lines are not strictly adhering to the facility notices issued by respondent no.4 and various difficulties are faced by the petitioners leading to the additional charges being required to be paid in clearing of the goods. Some of the conditions which are not acceptable to the petitioners and being foisted on the petitioners by the shipping lines are listed in paragraph 3 (vi) at page 11 of the petition. To name some of them are the requirement to surrender the original Bill of La ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is averred that the issue is purely contractual in nature and that the entire grievance of the petitioners is that the shipping lines are charging additional security deposit and other charges over and above the freight charges from the importers for delivering the goods in a CFS of the choice of the importer. While making a reference to the Facility notices issued from time to time the respondents contend that in issuing these Facility Notices the respondents have taken all steps to facilitate an early clearance of the goods by preventing congestion at the Port delaying the clearance of goods. As regards the grievance of the petitioners it is contended that the nature of the grievances is such that it is not possible for the Customs to k ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the facility Notices are issued by the respondent no.4 after a consultative process with the stakeholders and are issued under the powers as conferred on respondent no.4 under section 141 (2) of the Customs Act, 1962. These notices and more particularly facility Notice No.69 of 2011 have been issued with an object of facilitating and to enable the importer to have an efficient container movement for early clearing of the goods.. The facility notices with this object prescribe a certain procedure for the movement of import cargo. By facility Notice No.69 of 2011 a 72 hours intimation to be given to the shipping lines of the choice of CFS as made by the importer/CHA is provided for. A perusal of the grievances as made by the petitioners d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... together with the facility Notices which are issued and as relied by the petitioners go to show that the legal rights as being sought to be enforced by the petitioners are not of the nature which are falling either under the provisions of section 141 of the Customs Act, 1962 or concern the exercise of these powers by respondent no.4 in issuing the facility Notices. 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 importer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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