2020 (6) TMI 19 - 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 involved:
1. Impleadment of Container Freight Stations Association of India (CFSAI) as a party respondent.
2. Directions regarding release of containers and compliance by Container Freight Stations (CFSs) in major ports.

Impleadment of CFSAI as a party respondent:
The judgment addresses the applications filed by the Container Freight Stations Association of India (CFSAI) seeking impleadment as a party respondent due to the wide-ranging implications the issues raised in the petition would have on Container Freight Stations (CFS). The applications are allowed, and CFSAI is impleaded as a party respondent. The petitioner is directed to file an amended memo of parties within one week from the date of the judgment.

Directions regarding release of containers and compliance by CFSs in major ports:
The judgment provides directions regarding the release of containers from Container Freight Stations (CFSs) and Inland Container Depots (ICDs) in minor ports. The petitioner is granted liberty to have their containers released on payment of charges demanded by such CFSs/ICDs, subject to the outcome of the present petition. Concerning CFSs/ICDs in major ports, the respondent no. 1 is ensuring compliance with the direction dated 23.04.2020. The case is listed for further proceedings on 23rd July, 2020 along with another related case.

This judgment by the Delhi High Court, delivered by Hon'ble Mr. Justice Navin Chawla, addresses the impleadment of the Container Freight Stations Association of India (CFSAI) as a party respondent and provides directions regarding the release of containers from CFSs and ICDs in minor and major ports. The applications filed by CFSAI are allowed, and the petitioner is directed to file an amended memo of parties. The petitioner is granted liberty to release containers on payment of charges in minor ports, while compliance with directions is ensured for major ports. The case is scheduled for further proceedings in July 2020.