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TMI Blog2015 (11) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... es from the side of Port authorities on the other side, the writ petitioners were forced to pay huge amount towards 'Ground Rent', for keeping the containers without being destuffed in the premises of the Port. Board, after the expiry of two months from the time when such goods have passed into its custody may think it fit to sell the goods by public auction. In such a case, the Board shall follow the procedure under Section 61 of the MPT Act. But, the petitioner has not made any application. Therefore, his contention regarding release of goods is unsustainable. In the circumstance petitioner is at liberty to file an application before the Port Trust authorities within 15 days from the production of this judgment - Decided against Appellant. - O.P. No. 14862 of 2002-T - - - Dated:- 7-7-2014 - P.D. RAJAN, J. For the Petitioner : Advs.Sri.V.J.Mathew For the Respondent : Adv. Sri.A.K.Jayasankar Nambiar, Adv. Sri.P.S.Sreedharan Pillai, SCGSC, Sri.John Varghese, SCGSC And Adv. Sri.Tojan J.Vathikulam ORDER This writ petition is filed under Article 226 of the Constitution of India by the petitioner which is a company registered under the Indian Companies Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g at Cochin Ports C.Y.(Rajeev Gandhi Container Terminal) of the respective shipping lines beyond a period of two months from the date of its landing?. According to Section 42 of the Major Port Trusts Act, 1963 the Board shall have power to undertake the services such as receiving, removing, shifting, transporting, storing or delivering goods brought within the Board's premises. As per Section 61, the Board may after the expiry of two months from the time when any goods have passed into its custody, or in the case of animals and perishable or hazardous goods after the expiry of such shorter period not being less than twenty-four hours after the landing of the animals or goods as the Board may think fit, sell them by public auction. The petitioner's case is that the container was detained in the Port Trust for several months and ₹ 2,96,861/- and ₹ 6,82,700/- were debited from his account. Even after repeated demands the first and second respondents have not taken any decision. 5. To comprehend the above aspect the rights and liabilities of the Board, owner of the goods, consignee and agents, it is necessary to refer the relevant provisions prescribing the role ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, private agreement or in any other manner, such goods or so much thereof as, in the opinion of the Board, may be necessary-- (a) if any rates payable to the Board in respect of such goods have not been paid, or (b) if any lien of any ship-owner for freight or other chargers of which notice has been given has not been discharged and if the person claiming such lien for freight or other charge has made to the Board an application for such sale. 2. xxx 3. xxx 4. xxx Section 62 reads as follows: 62. disposal of goods not removed from premises of within time limit -(1) Not withstanding anything contained in this Act, where any goods placed in the custody of the Board upon the landing thereof are not removed by the owner or other person entitled thereto from the premises of the Board within one month from the date on which such goods were placed in their custody, the Board may, if the address of such owner or person is known, cause a notice to be served upon him by letter delivered at such address or sent by post, or if the notice cannot be so served upon him or his address is not known, cause a notice to be published in the Port Gazette or w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s mentioned already, the authority and power to prescribe the scale of rates and conditions as given under Sections 48 and 49 of Major Port Trusts Act stands exclusively vested with the TAMP constituted under Section 47A of MPT Act w.e.f. 9.1.1997. As per the relevant TAMP Orders issued, the Tariff Authority stipulated that, no 'Ground Rent' shall be payable, if the goods are not destuffed by the Port within 60 days (in view of the mandate under Sections 61 and 62 of the MPT Act), which period was subsequently extended to '75 days', taking note of the request made by the some Ports in this regard. Since the power and authority vested with the TAMP is not under challenge, there cannot be any liability beyond the stipulation under the relevant TAMP Orders and the Cochin Port Trust is bound by the same, who hence cannot demand anything more than the extent clearly specified therein. xx xx xx 44. In the above facts and circumstances, this Court finds that, there is no rationale on the part of Port Trust in contending that they are entitled to collect the 'Ground Rent' charges in respect of containers indefinitely. The course pursued by them without c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounts illegally debited from their deposit bank account through E.D.I. 11. According to Section 55 of the Act refund of overcharge shall be claimed in writing to the Board within six months from the date of such payment. For claiming the refund, petitioner shall submit all relevant documents with regard to the refund of over charges. Section 55 of the Act reads as follows: Refund of overcharges - No person shall be entitled to a refund of an overcharge made by a Board unless his claim to the refund has been preferred in writing by him or on his behalf to the Board within six months from the date of payment duly supported by all relevant documents . In this case, no documents were furnished by the petitioner in support of his claim for overcharges. Even though such a contention was taken by the petitioner, no such request was made by the petitioner or the consignee to the Board. 12. The petitioner also contended that the 3rd respondent is not permitting the consignees to release the goods from the containers as reported by the clearing agents of the consignees. The Owner is defined under Section 2(o) as follows: owner , (i) in relation to goods, includes any co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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