M/S Rasiklal Kantilal & Company vs Board of Trustee of Port of Bombay & Others
AIR 2017 SC 1283
Coram: Hon’ble Justice Chelameswar & Hon’ble Justice Abhay Manohar Sapre
Forum: Hon’ble Supreme Court of India
Case No.: Civil Appeal No. 5968 of 2011
Date of Decision: February 28, 2017

Facts:

  • M/S Rasiklal Kantilal & Company was the Appellant and Respondent No. 1 was the Port of Bombay, which was responsible for the storage and handling of imported goods at the Bombay Port.
  • 78 shipments of zinc ingots and copper iron bars were imported by five consignees from M/s Metal Distributors (UK) Ltd. at Bombay Port. The consignees filed bills of entry for 37 consignments but did not clear them, leaving them at the port.
  • Facing a loss, M/s Metal Distributors (UK) Ltd. asked the Appellant, an unrelated third party, to purchase the goods.
  • On 23.03.1992, the petitioner through his agent applied to Customs to substitute the Bills of Entry for 37 consignments and filed for the remaining 41. A formal agreement with M/s Metal Distributors (UK) Ltd. was made in April 1992.
  • The petitioner received a detention certificate from Customs for 41 consignments, initially covering.
  • The cause of action arose when the Appellant's request for remission of demurrage charges imposed by the Port of Bombay was rejected.
  • Aggrieved by the demurrage charges, the Appellant filed Writ Petition No. 2012/1996 before the Madras High Court, which was later dismissed.
  • Hence, an appeal was filed before the Supreme Court.

Background/ Procedural Posture:

  • The Appellant filed a writ petition before the Madras High Court, seeking a declaration that the Respondent's denial of demurrage remission was unlawful. (Paragraph 2)
  • On 12.04.2010, the High Court dismissed the writ petition, upholding the Port of Bombay's decision regarding demurrage charges. (Paragraph 3)
  • Aggrieved by the decision, the appeal was filed.

Main Issue:

Whether the decision of the Board of Trustees of the Port of Bombay to deny full remission of demurrage fees for unclaimed goods was justified?