MAKALI METALS PVT LTD Vs. CALCUTTA PORT TRUST

JUDGEMENT

(1.) In this case the petitioner have prayed for a declaration that the petitioners are not liable to pay any demurrage or any other Port charges in respect of six consignments of Mild Steel Low Carbon uncoated defective secondary sheets in coils (hereinafter referred to as the aforesaid materials) from 9/08/1990 till the date of delivery.

(2.) The short fact of this case is that the petitioners brought the aforesaid materials for home consumption from abroad and the same were discharged at the Port of Calcutta. In the body of the petition, however, it has not been mentioned the date of discharge of the materials from the vessel unto wharf and/or port premises. The petitioner filed the bills of entry and paid all port charges on 8/08/1990. Thereafter the petitioner is said to have made an attempt to remove the goods from the port premises through its clearing agent. It is stated in the petition that its clearing agent could not take delivery and remove the goods because of some casual workers employed by the port authorities had started agitation in front of the gate outside the port premises for pressing demand of regularization of their services. Those striking casual workers effectively blocked and/or prevented the petitioners from taking delivery and removing of the goods. As such, in spite of best effort, the goods could not be removed till this Court had passed an order.

(3.) On the aforesaid background the petitioners claim no demurrage charge is leviable, and payable by the petitioners on and from 9/08/1990 till the date of removal as the aforesaid incident constitutes a special case so much so the port authority could exempt from payment.