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1999 DIGILAW 90 (CAL)

APL (INDIA) PVT. LTD. v. PRINCIPAL COMMISSIONER OF CUSTOMS

1999-03-09

AJOY NATH RAY

body1999
AJOY NATH RAY, J. ( 1 ) THIS is an application made by the owners of 35 containers of newsprints and the owners of the original feeding vessel. ( 2 ) THE shipowners, of the second petitioner, are registered in Singapore. The fed vessel flew a Singapore flag. ( 3 ) THE writ petitioners claimed that the manifest filed in regard to the fed vessel M. V. "liansha" be corrected as to the 35 containers by deleting 9 from those because, according to them, those containers had fallen over-board at Sandhead before the vessel reached the Customs station at Calcutta. ( 4 ) THE respondent No. 8 was at all material times the port agent at Calcutta of the said fed vessel. ( 5 ) THERE was an earlier writ by the said 8th respondent. When the fed vessel was within the territorial waters of India, an order was obtained in that writ, for obtaining free passage of the said ship and an undertaking was given by the 8th respondent that the 9 containers, which had allegedly fallen overboard, would be salvaged by them. ( 6 ) UNTIL now nothing has been done about the salvage of the 9 containers. When the Port Authorities wanted to clear the navigational channel by engaging the Indian Navy to do the task, the sum needed appeared to be as much as US $ 8,00,000, the respondent No. 8 has paid no part of it. ( 7 ) THE Port Authorities have been advised to take out contempt proceedings. ( 8 ) THERE is an inextricable connection between the petitioners here and the respondent No. 8, in that if the 9 containers had actually fallen over-board, the respondent No. 8 should have salvaged those as per undertaking and if the containers had not fallen over-board the respondent No. 8 could neither perform any salvage operation nor in that event can the writ petitioners get any relief here. ( 9 ) BECAUSE of the complete inaction of the respondent No. 8 in regard to the salvage of the 9 containers or any of them, it becomes a matter of serious dispute before a court as to whether those 9 containers had actually fallen over-board or not. ( 9 ) BECAUSE of the complete inaction of the respondent No. 8 in regard to the salvage of the 9 containers or any of them, it becomes a matter of serious dispute before a court as to whether those 9 containers had actually fallen over-board or not. ( 10 ) ALL public respondents are put hereby at liberty to take all proceedings in regard to enquiry as to what actually had happened to the 9 containers and they will be free to initiate departmental, civil or criminal proceedings in regard thereto against all the parties concerned here, and that notwithstanding the pendency of this writ. ( 11 ) THIS writ application shall stand adjourned sine die until satisfactory completion of the writ application filed by the respondent No. 8 and all applications made therein or to be made therein hereafter.