R. Piyarelall Import and Export Ltd Vs. Agrozan Commodities Dmcc and ors.

R. Piyarelall Import and Export Ltd vs Agrozan Commodities Dmcc and ors.

Type Court Judgment Court Kolkata Decided Jun 27, 2014

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https://sooperkanoon.com/case/1153038

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Citation: sooperkanoon.com/1153038
Court: Kolkata High Court
Judge: Soumen Sen
Decided On: Jun 27, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

R. Piyarelall Import and Export Ltd

Respondent

Agrozan Commodities Dmcc and ors.

Excerpt

.....goods. the said order, however, was subsequently modified and joint receivers were appointed to supervise destuffing of the goods with a direction to take all steps to sell the goods by public auction in consultation with the parties in view of the fact that the said goods are perishable in nature. subsequent thereto, on 17th january, 2014, i have passed an order directing the custom authorities to take appropriate steps for disposal of the goods upon destuffing. after taking into consideration the report filed by the authorized officers of the food safety and standards authority of india, i have directed that the entire process shall be completed within a period of four weeks from date and the container, in any event, shall be released in favour of the container owner being the defendant no.6 within six weeks from date. the petitioner states that due to reason beyond the control of the petitioner, the order passed on 17th january, 2014 could not be complied with. the petitioner by a letter dated 21st may, 2014 addressed to the joint receivers made arrangement after compliance with various formalities including payment of penalty imposed by the commissioner of customs (port).according to the petitioner, the said goods became value-less due to further deterioration. this application is taken out for compliance of the order dated 17th january, 2014. it is stated that it is necessary for the purpose of avoiding any payment of costs and expenses , the time may be extended in order to enable the joint receivers to take steps for the purpose of carrying out the transportation and destuffing of the subject containers lying at cfs, century ply at sonai, block-b & c, sonai yard, jain kunj, hide road, khidderpore, kolkata - 700 088 under the supervision and assistance of hindusthan shipping agency. it cannot be disputed that in so far as the container is concerned, the claim of the defendant no.6 is on account of unpaid hire charges and they prima facie appear to have lien.....

Full Judgment

ORDER

SHEET GA No.1691 of 2014 With CS No.34 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE R.

PIYARELALL IMPORT AND EXPORT LTD Versus AGROZAN COMMODITIES DMCC & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 27th June, 2014.

Appearance: Mr.Satadeep Bhattacharya, Adv.Mr.S.Basu, Adv.Mr.S.K.Das, Adv.Ms.N.Adhya, Adv.The Court : In this application the plaintiff has prayed for destuffing of the subject containers in order to enable Custom Authorities to implement the order dated 17th January, 2014.

At an initial stage, the plaintiff was directed to furnish cash security as a condition precedent for destuffing of the goods.

The said order, however, was subsequently modified and joint receivers were appointed to supervise destuffing of the goods with a direction to take all steps to sell the goods by public auction in consultation with the parties in view of the fact that the said goods are perishable in nature.

Subsequent thereto, on 17th January, 2014, I have passed an order directing the Custom Authorities to take appropriate steps for disposal of the goods upon destuffing.

After taking into consideration the report filed by the authorized officers of the Food Safety and Standards Authority of India, I have directed that the entire process shall be completed within a period of four weeks from date and the container, in any event, shall be released in favour of the container owner being the defendant no.6 within six weeks from date.

The petitioner states that due to reason beyond the control of the petitioner, the order passed on 17th January, 2014 could not be complied with.

The petitioner by a letter dated 21st May, 2014 addressed to the joint receivers made arrangement after compliance with various formalities including payment of penalty imposed by the Commissioner of Customs (Port).According to the petitioner, the said goods became value-less due to further deterioration.

This application is taken out for compliance of the order dated 17th January, 2014.

It is stated that it is necessary for the purpose of avoiding any payment of costs and expenses , the time may be extended in order to enable the joint receivers to take steps for the purpose of carrying out the transportation and destuffing of the subject containers lying at CFS, Century Ply at Sonai, Block-B & C, Sonai Yard, Jain Kunj, Hide Road, Khidderpore, Kolkata - 700 088 under the supervision and assistance of Hindusthan Shipping Agency.

It cannot be disputed that in so far as the container is concerned, the claim of the defendant no.6 is on account of unpaid hire charges and they prima facie appear to have lien over the goods.

Considering the report filed by the Safety department, it appears that the goods are not fit for human consumption.

It is for the Customs Authorities to take a final decision with regard to the disposal of the goods.

In the events, the goods are ultimately sold, the entire sell proceeds shall be kept by the Joint Special Officers to the credit of the suit account until the disposal of the suit.

However, it is high time that the goods are destuffed and appropriate steps are taken for disposal of the goods.

In view thereof, there shall be an order directing the joint receivers to carry out the transportation and destuffing of the subject containers under the supervision of Hindusthan Shipping Agency within a period of eight weeks from date.

The respondent No.6 without prejudice to their rights and contentions shall issue necessary delivery order in favour of the petitioner in order to carry out the order passed by this Court on 17th January, 2014 and as modified by this order.

The joint receivers shall be entitled to further remuneration of 600 GMs each which shall be paid by the plaintiff at the fiRs.instance.

The plaintiff shall bear all costs charges and expenses.

After the containers are destuffed the same shall be immediately handed over to the defendant no.6 by the joint receiveRs.Since affidavit-in-opposition is not filed, allegations are deemed to have not been admitted.

The application is disposed of.

The joint receivers and all parties including the Customs and Port are to act on the basis of the server copy of this order.

(SOUMEN SEN, J.) B.Pal

Same Court & Year Kolkata · 2014 Same Parties R. Piyarelall Import and Export Ltd vs Agrozan Commodities Dm... Same Subject Land Acquisition Same Judge Soumen Sen