and the containers were loaded on different vessels. According to the petitioner the conditions specified in the Bill of Lading placed the responsibility of paying the ground rent on the respondent Company i.e. the shipper. According to the petitioner the vessels reached Hamburg on 16 December 2007, 21 December 2007 and 18 January 2008, and 22 February 2008 and vessel reached Rotterdam on 12 January 2008. According to the petitioner the agent of the respondent Company did not approach petitioner's agent for delivery at the discharge port. The petitioner informed of the delayed delivery. Debit note was raised for the period between 16 December 2007 to 24 March 2008 against the Bill of Lading for which payment of Rs.6,15,590/- was received. According to the petitioner the respondent Company failed to clear the cargo at the discharge port and therefore, demurrage charges were incurred. The debit note was raised by petitioner's agent on the petitioner of Euros 1,14,100.74. The petitioner sent a statutory notice under section 434 of the Companies Act on 20 January 2011 calling upon the respondent to pay the amount of Euros 106,112.04 along with interest at the rate of 15 % interest per annum. Since the amount was not paid, the present petition is filed.
