2020 (5) TMI 641 - HC - Customs

Charges demanded by CFSs/ICDs for release of containers - HELD THAT - As far as the Container Freight Stations (CFSs) and Inland Container Depots (ICDs) in minor ports are concerned, the petitioner, without prejudice to its rights and contentions and subject to the outcome of the present petition, shall be at liberty to have its containers released on payment of such charges as may be demanded by such CFSs/ICDs,. As far as the CFSs/ICDs in major ports are concerned, the learned counsel for the respondent no. 1 and 4 submits that the CFSs are bound by its direction dated 23.04.2020 and the respondent no. 1 and 4 are in the process of ensuring compliance of such CFSs with the said direction.

Summary

Issues: Stay of proceedings, Exemptions in hearing, Compliance with court directions

The High Court, presided over by Mr. Justice Navin Chawla, conducted a hearing via video conferencing. The Court allowed exemptions subject to just exceptions in a specific matter. In another case, a notice was issued, accepted by the respective counsels, who were granted three weeks to file their counter affidavits, with a provision for rejoinders within two weeks thereafter. The Court directed that notice be served to remaining unrepresented respondents returnable on a specified date to be listed along with another case titled M/s Polytech Trade Foundation vs. Union of India & Ors.

In light of a previous court order concerning Container Freight Stations (CFSs) and Inland Container Depots (ICDs) in minor ports, the petitioner was permitted, without prejudice to its rights and contentions, to have its containers released upon payment of charges demanded by such CFSs/ICDs. Regarding CFSs/ICDs in major ports, the respondent's counsel assured the Court of compliance with a direction dated 23.04.2020, stating that efforts were underway to ensure adherence to the said directive by the relevant CFSs.