9911796707
TMI Blog2016 (3) TMI 611X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 and consequently direct the 1st respondent to permit the petitioner to auction the goods stuffed in containers mentioned in the Writ Petitions. 2. Since the issues involved in both the Writ Petitions are similar, by consent of both the learned counsels, both the Writ Petitions are disposed of by this common order. 3. It is the case of the petitioner that they are off dock Container Freight Station, which provides facilities for storing Containers, including movement of Containers from and to Port, delivery of Containers to customers, facilitating movement of customs cleared Containers from and to Port, receiving of export and import cargo, stuffing and de-stuffing of containers. The petitioner, being a Container Freight Station, functio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after the 2nd notice, the 2nd respondent did not take steps to clear the cargo stuffed in the containers. Therefore, the petitioner by letters dated 31.03.2015 and 18.11.2013 sought the permission of the 1st respondent to auction the goods. 4. In the Writ Petition in W.P.No.28225 of 2015, the 1st respondent, by order dated 16.06.2014, permitted the petitioner to auction the goods. Thereafter, the goods were scheduled to be auctioned by way of E-auction on 10.07.2014. In the meantime, the 2nd respondent had, on 09.07.2014 (i.e.) one day before the auction, paid the duty for the goods. 5. In the Writ Petition in W.P.No.28224 of 2015, the 1st respondent had not taken any steps to auction the uncleared cargo. Here also, on 20.10.2014, the 2n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of Section 72 of the Act. It is also not possible to read Section 150(2)(b) as permitting appropriation of the sale proceeds towards the outstanding customs duty after meeting the expenses of the sale. The words and other charges, if any, payable in respect of the sale goods to the carrier, if the notice of such charges has been given to the person having custody of the goods makes it clear that this does not pertain to customs duty. Section 150(2)(d) of the Act which talks of payment of the charges in respect of the goods sold due to the person having custody of the goods is referable to payment of warehousing charges and it takes precedence over recovery of customs duty which is relatable to Section 150(2)(e) of the Act. Viewed from thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot invoke Article 226 of the Constitution of India seeking a direction against the 1st respondent. When there is a dispute with regard to demurrage charges claimed by the petitioner as against the 2nd respondent, the same cannot be decided by this Court in the Writ Petition, when the 2nd respondent had paid the duty payable to the 1st respondent and the Dock officials had issued out of charge orders. The 1st respondent had rightly observed that once the customs duty was realized, the goods cannot be included in the Lot for fresh auction. The Writ Petition is filed in public law remedy. This Court, while exercising the power of judicial review is concerned with illegality, irrationality and procedural impropriety of an order passed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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