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Release of detained cargo containers required resolution of unpaid de-stuffing charges because the no-objection communication applied only to empty containers. Once it was confirmed that the containers held cargo requiring removal, neither private party agreed to pay those charges. The importer, whose appeal was pending before CESTAT, was a proper and necessary party but had not been joined. The parties were left to seek appropriate orders from the authorities for de-stuffing and release of the containers after notice to the importer.
Release of detained cargo containers required resolution of unpaid de-stuffing charges because the no-objection communication applied only to empty containers. Once it was confirmed that the containers held cargo requiring removal, neither private party agreed to pay those charges. The importer, whose appeal was pending before CESTAT, was a proper and necessary party but had not been joined. The parties were left to seek appropriate orders from the authorities for de-stuffing and release of the containers after notice to the importer.
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