9911796707
TMI Blog2004 (8) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... he Writ Court, after hearing the learned Counsel for the parties, directed the respondents including the appellants to deliver the goods covered under Lot Nos. 851 and 881 of the Tender Notice No. 6 of 2003 to the writ petitioners without asking for rent and demurrage charges, allegedly claimed by the KPT in respect of the lots sold on auction. The undisputed facts of the case are follows :- A Tender Notice dated 19-11-2003 was published by the Asstt. Commissioner of Customs, Appraising Disposal Unit, inviting tenders for sale of various types of confiscated goods and time expired bonded goods. In the said Notice, it was made clear that the details of terms and conditions of the said Tender would be available at the Customs House Notice Bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petition seeking an order upon the respondents to deliver their goods. 6. The learned Judge of the writ court held, upon a consideration of the facts and circumstances and the relevant provisions of the statute, that the writ petitioners, who purchased the goods in auction by the Customs authorities are not liable to pay the rent and demurrage charges in respect of those goods from the date of their landing in the premises of the Port Trust. 7. The learned Judge of the writ court held, and in our view rightly, that the writ petitioners purchased the goods on the basis of the clauses contained in the Tender Notice and two relevant clauses, which were considered by the learned Judge of the writ court are set out below: - 8. If the party do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... But, so far as the present goods are concerned, the provisions of Section 59 of the Act of 1963 cannot apply against the writ petitioners. It is clear from the conditions referred to in the notice for auction sale that the Port Trust authorities can levy the rent and demurrage charges along with their scale of rates from the party, if they do not take delivery of the goods within 15 days from the date of confirmation of the sale. 11. In the instant case, the writ petitioners wanted to take the delivery of the goods, but they were prevented from doing so at the instance of the respondent No. 6. 12. Once goods are confiscated under the Customs Act, 1962, as has been done in the instant case, such goods vest in the Central Government. Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the operation of this agreement, first, without payment of the dues of the Trustees. In terms of Section 59 of M.P.T Act, 1963, the Board will have a lien on goods removed to CFS for amounts of rates leviable on them. This lien will be exercised in all cases of disposal of uncleared cargo/cargo confiscated by Customs. M/s. Central Warehousing Corporation, agree to ensure that in such cases CPT's dues are duly paid to it. In the event of destruction or non-disposal of cargo/container owing to theft or in the event of non-fulfilment of aforesaid obligation, M/s. Central Warehousing Corporation agree to pay to CPT from their own the amounts due to the Board." 14. The learned Counsel for the respondent No. 6 was right in pointing out that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asers is an unreasonable stand. The Court specifically asked the learned Counsel for the Port Trust why his client is not following this internal procedure and the only reply is that it is time consuming. 17. Therefore, the learned Judge of the writ court passed the order correctly and there is no reason for this court to interfere with the same. This court holds that in the facts and circumstances of the instant case and for the reasons aforesaid, the action of the Port Trust authorities is unfair and unreasonable and is opposed to the principle of Article 14 of the Constitution of India. The appeal is, therefore, dismissed and the judgment and order of the learned Judge of the writ court is affirmed. This court directs that the judgment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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