9911796707
|
Home
Issues Involved:
Challenge to order directing delivery of goods without rent and demurrage charges. Analysis: The appeal challenged an order directing the delivery of goods without rent and demurrage charges. The case involved a Tender Notice inviting tenders for confiscated goods, which the writ petitioners successfully bid for. The Customs authorities issued delivery orders for the goods, but one entity refused delivery due to Port Trust's outstanding dues claim. The writ court held that the petitioners were not liable for rent and demurrage charges as they purchased goods based on Tender Notice clauses. The Port Trust claimed a lien under Section 59 of the Major Port Trusts Act, but the court ruled that the lien could be realized from sale proceeds. The court highlighted that once goods are confiscated, they vest in the Central Government, making the Customs authorities liable. The court dismissed the appeal, deeming the Port Trust's actions unfair and unreasonable, violating Article 14 of the Indian Constitution. Conclusion: The judgment affirmed the writ court's decision, emphasizing the unfairness of the Port Trust's actions and upholding the principle of equality under the Constitution. The court clarified the liabilities of the Customs authorities and the Port Trust, ensuring that the Port Trust's dues could be recovered from the sale proceeds rather than imposing charges on the petitioners. The ruling provided clarity on the legal obligations in cases of confiscated goods and auction sales, protecting the rights of the purchasers and ensuring compliance with statutory provisions and internal departmental procedures.
|
