Court Dismissal of Writ Petitions in Private Law Disputes

The court dismissed the Writ Petitions, stating that the remedy under Article 226 could not resolve private law disputes. It advised pursuing a civil suit for the recovery of demurrage charges and clarified that the 1st respondent could not be compelled to conduct an auction for such purposes. The judgment highlighted the distinction between public law and private law disputes in seeking legal remedies.

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Issues:
1. Disposal of goods by auction due to non-clearance
2. Applicability of judgments on warehousing charges
3. Dispute over demurrage charges and legal remedy

Issue 1: Disposal of goods by auction due to non-clearance
The petitioner, a Container Freight Station, sought permission to auction goods stuffed in containers due to non-clearance by the 2nd respondent within the stipulated time. The 1st respondent initially permitted auctioning in one case but not in another where duty was paid last minute. The petitioner argued for auction based on Customs Act provisions.

Issue 2: Applicability of judgments on warehousing charges
The petitioner relied on a Delhi High Court judgment regarding recovery of warehousing charges from auction sale proceeds. The judgment emphasized the priority of recovering warehousing charges over customs duty from sale proceeds. However, the 1st respondent contended that the Delhi High Court judgment did not apply as the goods in question were not warehoused.

Issue 3: Dispute over demurrage charges and legal remedy
The court noted that the dispute primarily involved demurrage charges between the petitioner and the 2nd respondent, with the 1st respondent having no control over the goods. It emphasized that Article 226 of the Constitution could not be used to resolve private law disputes. The court suggested pursuing a civil suit for recovering demurrage charges.

In conclusion, the court dismissed the Writ Petitions, stating that the remedy under Article 226 could not resolve private law disputes. It advised pursuing a civil suit for the recovery of demurrage charges and clarified that the 1st respondent could not be compelled to conduct an auction for such purposes. The judgment highlighted the distinction between public law and private law disputes in seeking legal remedies.

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