Imported Goods Dispute: Assessment, Ownership, and Release

The case involved non-clearance of perishable goods imported at Mundra Port, ownership disputes, and release issues. Two petitions were filed seeking assessment and release of goods. An interim order directed filing of Bills of Entry, assessment by Customs Authorities, and deposit of funds for warehousing costs. Future orders were reserved for cost allocation and compliance with interim arrangements, with a review scheduled for future orders.

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Issues:
The judgment involves issues related to non-clearance of perishable goods imported at Mundra Port under specific Bills of Lading, ownership dispute between petitioners, release of goods by Customs Authorities, and the necessity of proper assessment for warehousing or home consumption.

Details of the Judgment:

1. Perishable Goods Non-Clearance:
The petitions arose due to the non-clearance of perishable goods, specifically Inshell Walnuts and Almonds imported at Mundra Port under various Bills of Lading.

2. Contractual Arrangements:
M/s Cosco Shipping and Warehousing, engaged in trading food items, placed orders with Crain Marketing Inc. and Select Harvest U.S.A. LLC, consigning the goods to SEZ unit at Mundra SEZ under a service agreement cum MOU with Zestmarine Services Private Limited.

3. Contractual Chain:
Contracts were entered into with Crest Container Lines Private Limited, acting as a Freight Forwarder or NVOCC, who issued house bills of lading, further contracting with Cosco Shipping Lines (India) Private Limited. IGM filings were done based on these bills.

4. Failure to Claim Goods:
Upon arrival, respondent no.5 failed to claim the goods, leading to delays and subsequent issuance of NOCs for changing consignees.

5. Desire to Claim Goods:
M/s. Ashapura Agrocham Private Limited expressed interest in claiming the cargo, leading to negotiations with NVOCC for pending charges.

6. Petitions Filed:
Two petitions were filed, one by M/s. Cosco Shipping and Warehousing seeking assessment and release of goods, and the other by M/s. Ashapura Agrocham Private Limited requesting cargo release without NOC requirements.

7. Interim Orders:
An interim order directed the filing of Bills of Entry by Zestmarine Services Private Limited within a week, assessment by Customs Authorities for warehousing, and deposit of funds by petitioners for warehousing costs.

8. Future Directions:
Further orders were reserved for cost allocation, maintenance of accounts, and compliance with the interim arrangement, with a review scheduled for future orders on 12.10.2023.

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