9911796707
TMI Blog2021 (7) TMI 1150X X X X Extracts X X X X X X X X Extracts X X X X ..... r in the present writ petition to direct the respondents to forthwith release and return the containers, itself is absurd. Such a relief requires adjudication in view of the fact that there are statutory requirements and compliance of the terms and conditions with the Customs Cargo Service Provider and other aspects of the matter. Without adjudicating all those factors, the High Court cannot issue a writ granting the relief in the writ petition filed. When disputed facts are raised between the parties, the same cannot be entertained and the High Court cannot conduct a roving enquiry with reference to the dispute, which is to be resolved with reference to the documents and evidence produced before the competent authorities. The relief ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner's containers bearing Nos.HDMU6327420, UETU5021728, TCNU7636319, HDMU6292431, HDMU6349120, TRHU3311350 and HDMU6977209 and pay such compensation towards the container idling charges. 2.The petitioner is a company incorporated under the Companies Act, 1956. The petitioner states that they are the agent of Hyundai Merchant Marine Company Limited, Seoul (Korea), which carries on business as container owners and carriers at Korea. The petitioner is entrusted with the obligation to receive and return the containers to the Principal company after the discharge of the cargo. 3.The prime contention of the petitioner is that, certain containers imported are illegally detained by the respondents, and in spite of their request, the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elief requires adjudication in view of the fact that there are statutory requirements and compliance of the terms and conditions with the Customs Cargo Service Provider and other aspects of the matter. Without adjudicating all those factors, the High Court cannot issue a writ granting the relief in the writ petition filed. When disputed facts are raised between the parties, the same cannot be entertained and the High Court cannot conduct a roving enquiry with reference to the dispute, which is to be resolved with reference to the documents and evidence produced before the competent authorities. 6.This being the principles to be followed, the relief as such sought for in the present writ petition cannot be granted and the petitioner is at ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
