Tariff-based storage charges for abandoned containers upheld where demands matched the notified port tariff.

Storage charges for containers were held recoverable under the TAMP tariff order dated 15.05.2009, which governed the dispute. Clause 3.12.11 allowed levy on abandoned FCL or shipper-owned containers until the earlier of written intimation of abandonment or 75 days from landing, and provided that charges would continue if the shipping line did not take the required steps within time. Because the abandonment letters were issued after the 75-day period and the demands matched the notified tariff, the challenge to recovery failed. Reliance on earlier TAMP orders and on provisions relating to sale or disposal of goods by the Port Trust did not displace the applicable tariff regime.

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Issues: Whether the demand and collection of storage charges for the containers, including after the claimed abandonment, was justified under the applicable tariff order framed under the Major Port Trusts Act, 1963.

Analysis: The storage charges were governed by the TAMP order dated 15.05.2009, which alone applied to the case. Clause 3.12.11 permitted levy of storage charges on abandoned FCL containers or shipper-owned containers up to the earlier of receipt of written intimation of abandonment or 75 days from the date of landing, and also provided that where the shipping line failed to take the required action within the stipulated period, storage charges would continue till the necessary steps were taken. The petitioner's abandonment letters were issued well beyond the 75-day period, and the charges demanded by the port terminal operators were only in accordance with the notified tariff, not in excess of it. The challenge based on earlier TAMP orders and reliance on the provisions relating to sale or disposal of goods by the Port Trust did not displace the applicability of the governing tariff order.

Conclusion: The demand for storage charges was held lawful and the writ petition was dismissed.

Ratio Decidendi: Where storage charges are demanded strictly in accordance with a validly notified tariff order under the Major Port Trusts Act, 1963, a writ petition to restrain their recovery will fail unless the tariff order itself is successfully challenged or the demand is shown to exceed the notified rate.

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