Cma Ccm Agencies (India) Pvt. v. Union of India
Case brief
What is this about?
The petitioner sought release of 17 abandoned containers and compensation, alleging failure by respondents to auction them under the Customs Act and Major Port Trust Act. The Court noted the petitioner could not be contacted and the disputed civil case status was unknown, rendering a decision impossible on minimal records.
What did the court decide?
Writ petition closed; respondents directed to deal with the matter in accordance with law.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2018 CORAM: THE HONOURABLE MRS. JUSTICE J.NISHA BANU W.P.(MD)No.10432 of 2013 and M.P.(MD)Nos.1 to 3 of 2013
CMA CGM Agencies (India) Pvt. Ltd., A company incorporated under the Companies Act, 1956, Having Corporate Office at India Bulls Finance Centre, Tower 3, 8th Floor, Senapati Bapat Marg, Elphinston (west), Mumbai – 400 013, Rep. by its Branch Manager, N.Shyam Sundar ... Petitioner
Vs.
- Union of India, Rep. by Secretary to Government, Ministry of Finance, Department of Revenue, Central Board of Excise & Customs, New Delhi.
- Continental Warehousing Corporation (Nhava Seva) Ltd., Tuticorin : CFS, 1S/76K, Madurai Bye-pass Road, Meelavittan, Tuticorin – 628 002.
- Office of the Commissioner of Customs, Customs House, New Harbour Estate, Tuticorin – 629 004. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of MANDAMUS, directing the respondents 2 and 3 to forthwith release and return to the Petitioner the aforesaid 17 empty containers (set out in Exhibit A) lying with the 2nd respondent herein along with such compensation towards the container idling charges, upto the date of release of the containers.
For Petitioner : Mr.V.Kalyana Raman for M/s.Aiyar and Dolia https://hcservices.ecourts.gov.in/hcservices/ For Respondents : Mr.S.Gurumoorthy
Issues for consideration
3 issues framed by the court
Whether the writ petition can be decided given the petitioner's inability to contact and the lack of current status regarding the civil dispute and auction proceedings.
Whether the authorities withheld action on abandoned containers solely due to a pending civil dispute or other reasons without proper material.
What relief can be granted in the absence of essential materials and when the authorities' current position is unknown.
Parties & counsel
- petitioner
CMA CGM Agencies (India) Pvt. Ltd.
- respondent
Union of India
- respondent
Continental Warehousing Corporation (Nhava Seva) Ltd.
- respondent
Office of the Commissioner of Customs
Coram
Case details
As recorded by the court registry
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