TMI Blog2015 (11) TMI 764X X X X Extracts X X X X X X X X Extracts X X X X ..... ners 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m 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 prescribed. Facility Notice No.21 of 2008 came to be further modified by facility Notice No.69 of 2011. By this facility Notice it was informed that all shipping lines/Steamer agents would be required to compulsorily indicate in the (Import General Manifest) against each line the name/code of the Container Freight Statio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y 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 Lading duly discharged three days within (72 hours) prior to the filing of the Import General Manifest (IGM); payment of all terminal charges and other charges; a blank undated cheque to cover port ground rent and other charges such as shifting etc; submission of individual container bond shipment wise, submissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rter. 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 know whether the destination CFS is as per the importer's choice or of the choice of the shipping lines. This is for the reason that the Customs Department is not privy to the contractual dealing between the shipping lines and the importer. It is contended that the facility Notice No.69 of 2011 was issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith 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 do not indicate that these grievances in any manner fall within these facility Notices so that the respondents can exercise their statutory authority and powers as conferred under the Customs Act, 1962 to issue appropriate directions to the shipping lines/Clearing agents. 7. There is much substance in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 dispu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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