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TMI Blog2021 (4) TMI 422X X X X Extracts X X X X X X X X Extracts X X X X ..... om discharging its statutory functions. In the case on hand, the customs authority had issued notice on 15.09.2020 calling upon the petitioner to clear the goods. In the counter affidavit, the customs authority has pointed out that though the customs authority could have issued first notice on the expiry of the 30th day, they chose to wait for about three months before issuing the notice. Since proper response was not forthcoming from the petitioner, they decided to e-auction the imported goods. The goods had arrived on 09.05.2020 - The bill of entry was filed on 21.05.2020. Warehousing was ordered on 21.05.2020. The Customs Authority has pointed out that if the goods had been seized or detained or confiscated by them, the Customs Cargo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Petitioner : Mr.A.Jayaraj For the R1 R2 R3 R4 : Mrs.S.Ragaventhre, Mr.R.Vijayakumar, Mr.K.Prabhakar COMMON ORDER Heard the learned counsel on either side. 2.The petitioner is an importer. He had imported teak in four containers. One M/s.Maria International Pte., Limited is the seller. One M/s.Cosco Shipping Lines (India) Private Limited is the provider of logistics services. The fourth respondent herein is the agent of the said service provider. The shipment arrived at Tuticorin Port on 09.05.2020. The petitioner had free time till 25.05.2020 to clear the goods. The fourth respondent raised an invoice on 27.05.2020 calling upon the petitioner to make payment of USD 4800 (INR 4,37,544) being the container detenti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs). The foremost contention of the petitioner's counsel is that under Regulation 6 of the Handling of Cargo in Customs Areas Regulation, 2009, the authorities are bound to issue certificate for waiving demurrage and rent and other charges. According to him, the petitioner is not at all fault. The total value of the consignment would only be around ₹ 40,00,000/-. If the petitioner is made to pay the warehousing charges and the shipping charges, as presently quantified by the private respondents, the petitioner will have to abandon the goods altogether. That would ruin him financially. The petitioner's counsel, therefore, wanted this Court to bear in mind the conduct of the parties and grant equitable relief. 4.Per contra, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ption or warehoused or transhipped within thirty days from the date of the unloading thereof at a customs station or within such further time as the proper officer may allow or if the title to any imported goods is relinquished, such goods may, after notice to the importer and with the permission of the proper officer be sold by the person having the custody thereof 8.In the case on hand, the customs authority had issued notice on 15.09.2020 calling upon the petitioner to clear the goods. In the counter affidavit, the customs authority has pointed out that though the customs authority could have issued first notice on the expiry of the 30th day, they chose to wait for about three months before issuing the notice. Since proper response w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rity at no point of time detained the goods. Therefore, this is purely a contractual issue between the petitioner on the one hand and the private respondents on the other. In such a case, it would not be open to the Writ Court to issue any Mandamus compelling the private respondents herein to permit clearance of the goods, even though the petitioner has not satisfied the contractual demand raised by the shipping liner/warehousing entity. I cannot find fault with the customs authority. Nor can I issue any mandamus for compelling the private respondents. At the same time, I cannot help observing that the pathetic situation, in which the petitioner is finding himself, cannot really be ascribed to any fault on his part. The petitioner is a genu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 35,00,000/-. Since I do not see any meeting point, no purpose will be in keeping the issue alive. I cannot grant any relief in these writ petitions. These Writ Petitions stand dismissed. However, the petitioner is given liberty to file claim before the appropriate forum/Court against the parties concerned for the loss suffered by him in the process. I give this liberty because I find that the petitioner is not at fault. Since the petitioner's counsel insisted that he would be able to persuade the warehousing entity/ shipping liner, I direct the customs authority not to bring the goods to e-auction for a period of ten days from the date of receipt of a copy of this order. 14.Subject to this observation, liberty and direction, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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