KANDLA PORT TRUST Vs. GOODRICH MARITIME PVT LTD

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are directed against order dated 27.11.2006 passed by the Division Bench of Gujarat High Court whereby it allowed the letters patent appeals preferred by respondent No. 1 and quashed the demand of container storage charges and ground rent.

(3.) Respondent No. 1 is said to be an agent of international shipping line which is engaged in the business of carrying consignments in containers to various destinations. In 2004, respondent No. 1 transported goods belonging to different consignees in eight containers under 3 bills of lading in which the final place of destination was shown as Kandla Port. The description of the goods as given in the bills of lading was "Heavy Metal Scrap" (seven containers) and Hollow Section Tubes (eighth container), though, in fact, all the containers contained war material/explosives such as artillery shells, etc. The containers were shipped to Kandla Port on the vessel of M.V. Orient Patriot and were off-loaded in the months of October and December, 2004.