Judgment:
ORDER
SHEET GA NO.2191 OF2013WITH CS NO.408 OF2012IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE LEONARD EXPORTS Versus CENTRAL INLAND WATER TRANSPORT CORPORATION LTD.……… BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 3rd March, 2014.
Mr.S.Roy Chowdhury, Mr.A.K.Jena…for defendant.
Mr.A.Mitra, Mr.N.Adhya…for plaintiff.
The Court : Nobody has come forward to claim the cargo of fly ash, which is loaded in the two barges belonging to Central Inland Water Transport Corporation LTD.Mr.Mitra for the consignor denies any claim on the goods.
Mr.Roy Chowdhury, learned counsel for the Corporation submits, as he has done before, that these barges belong to his client and that they are unnecessarily loaded with the cargo of fly ash claimed by nobody.
This cargo is so lying for the last three yeaRs.The Corporation is unable to utilise the barges.
They are not in good condition and may sink any time, disrupting river traffic.
Further to orders passed earlier, the Receiver appointed in this matter, could only get two offers for Rs.65,000/- and Rs.75,000/-.
This was received after wide publicity was made of the proposed sale.
The Receiver had confirmed the offer of Rs.75,000/- at one point of time but the cheque made over by the intending purchaser was dishonoured.
Therefore, it was the end of the transaction.
I am of the opinion that since the value of this fly ash is so small, it could be treated as negligible and no further effort should be made to re-advertise its proposed sale.
This is also because the fiRs.attempt has cost the Corporation Rs.45,000/- as stated by Mr.Roy Chowdhury.
Furthermore, in my opinion, there is no point in further delaying matteRs.I think that these two barges should be freed of the cargo immediately.
In those circumstances, I direct the Receiver with the assistance of the Corporation, Kolkata Port Trust, Kolkata Municipal Corporation and Customs Authorities to remove this cargo to a dumping ground for refuse.
Since it is fly ash of extremely lightweight and likely to escape into and pollute the air, if kept in the open, they may be disposed of by dumping them into a pit and, thereafter, covering it so that the ash cannot blow away.
This exercise has to be done at the cost of the defendant, subject to its rights and contentions in the suit.
The Receiver will act with the logistic help rendered by the above parties.
The defendant will pay the Receiver final remuneration assessed at 1000 GMs.Alternatively, the defendant will be at liberty to dispose of this cargo by private treaty at whatever price that can be fetched in the market and will keep the Receiver informed of such sale including price.
Either of the above exercise is to be completed by 25th April, 2014.
The Receiver is to file a report in this Court by 30th April, 2014.
The Receiver is given liberty to close the account opened with United Bank of India, High Court Branch.
This application is disposed of by the above order.
All parties concerned including the Corporation, Kolkata Port Trust, Kolkata Municipal Corporation and Customs Authorities are to act on a certified photocopy of this order on the usual undertakings.
(I.
Pkd.
A.R.[C.R.].P.MUKERJI, J.)