TMI Blog1988 (2) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... Vessel entered under its agency. On or about 15th April, 1987 a consignment of 14640 Pcs. of Steel Billets was, inter alia, shipped on the said vessel from the Port of Iskenderan, Turkey for safe carriage therefrom to the Port of Haldia under a Bill of Lading No. 1 dated April 15,1987. The said consignment was to the order of M/s. Minerals Metals Trading Corporation of India Ltd., Calcutta. The said consignment was carried and declared by the said vessel under line No. 1 in the manifest of the said vessel. The said vessel also carried various other consignments of Steel Billets from the said Port of Iskenderan, Turkey for safe carriage to the Port of Bombay. One of the said consignments was 220 bundles of Steel Billets covered under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary Manifest on July 13, 1987 declaring those 37 bundles under line No. 2 in the manifest filed for the said vessel showing as 'Transhipment Cargo". The said 37 bundles also bore marks 'MMTC' and the marks and members were manifested as such. In the said supplementary manifest, the petitioner not through inadvertence declared the said 37 bundles against Bill of Lading No. 6 instead of the Bill of Lading No. 6B which mistake the petitioners gathered subsequently. 8. The first petitioner filed the said supplementary manifest in the facts and circumstances stated above and on the expectation that since notifying party in the said manifest line no. 1 and line no. 2 is the same, i.e. MMTC of India Ltd., the said 37 bundles over carried would b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... argo enabling to tranship the said 37 bundles to Bombay under usual transhipment formalities of the Customs and Port authorities. Only after compliance as above, the consignees for the said Bill of Lading No. 6B the seventh respondent herein, would be able to clear the said 37 bundles at Bombay against the Bill of Entry already filed with Bombay Customs. 12. Since the seventh respondent was insisting on the transhipment of the said 37 bundles to Bombay enabling it to clear the same against their 40 bundles shown as short landed at Bombay Port and since for such transhipment it was necessary to amend the supplementary manifest filed with the Calcutta Customs being incorrectly filed, the first petitioner filed an application for amendment o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de before the second respondent, the Deputy Collector of Customs Authorities (Import) and in spite of the fact that the said supplementary manifest was filed through bona fide mistake and/or inadvertence, the Deputy Collector of Customs Authorities (Import) further refused to exercise the jurisdiction vested in him to amend the said supplementary manifest as a result whereof arrangement could not be made to tranship the said 37 bundles to Bombay. 16. The petitioners have made this writ application against the refusal to amend the manifest by the Customs Authorities, Calcutta. A direction was given for filing affidavits in this case. The Customs Authorities have not filed any affidavit. It is however recorded that the respondent do not adm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by cancelling the said supplementary Manifest in its entirety in respect of the said vessel. They will be at liberty to withdraw the said supplementary manifest filed in respect of the said 37 bundles of Billets over-carried from Bombay. 19. The concerned respondents upon cancellation of the Supplementary Manifest by the Customs Authorities and upon issuance of Outturn Report and/or amended Outturn Report of the said vessel "Erzuram" after such cancellation, shall allow transhipment for 37 bundles of Billets landed from the said vessel to Bombay forthwith subject to the condition mentioned hereinafter. It is stated that the Port Trust Authorities have levied demurrages in respect of the said uncleared goods. The price of the goods which ..... X X X X Extracts X X X X X X X X Extracts X X X X
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