Container Release Dispute Resolved: First Respondent Directed to Consider Retrieval Request with Mandatory Inter-Party Hearing

HC granted partial relief in container release dispute. Directed first respondent to consider petitioner's representation for container retrieval. Mandated a hearing involving all parties within four weeks. No costs awarded. Emphasized procedural fairness and resolution of inter se dispute between container owner and importer.

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In the case before the Madras High Court, the petitioner sought a Mandamus directing the first respondent to issue a 'No Objection Certificate' for the release of Container No. ASNT6001365 and to instruct the second respondent to allow the petitioner to take custody of the container. The petitioner owns the container used by the importer, Sai Import and Export, which failed to clear the imported cargo as required. The petitioner argued that the cargo should be considered 'unclaimed' under Section 48 of the Customs Act, 1962, allowing the petitioner to retrieve the container post-auction of the cargo. Despite representations, the latest dated 12-4-2024, the container remains unreleased due to an inter se dispute between the petitioner and the importer.The court, after hearing both parties, directed the first respondent to consider the petitioner's representation for removing the container without cargo from the second respondent's custody. The court emphasized the need for a hearing involving the petitioner, the importer, and the second respondent before any order is passed. The court expects this process to conclude within four weeks from the order's receipt. The writ petition was disposed of with these directions, and no costs were awarded.

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