1 MSS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2065 OF 2008 MSC AGENCY (INDIA) PVT. LTD. .. PETITIONERS Vs. UNION OF INDIA & ORS. .. RESPONDENTS Mr. Mustafa Doctor i/b Bhatt & Saldanha for petitioner Mr. Umesh Shetty with D. G. Dhanure i/b M. V. Kini for R-2-4 Mr. J. B. Mishra for R-5 to 7 CORAM:SMT.RANJANA DESAI & J. P. DEVADHAR, JJ. DATE: 20/3/2009 P.C. . The petitioners are carrying on business as Container owners. The grievance of the petitioners is that respondents 2 to 4 have illegally detained their three containers since 2005. Learned counsel for the petitioners has tendered in the court letter dated 11/2/09 addressed by the Commissioner of Customs (Import) to the Deputy Manager (Auction Sales) which indicates that the Customs has no objection to auction sale of goods in the 2 containers subject to lien of Customs duty of Rs. 16,605/- levied on the said goods. Learned counsel for respondents 5 to 7 confirms this. 2. Learned counsel for respondent 2, 3 and 4 states that respondents 2, 3 and 4 shall destuff the containers with the assistance of the petitioners within two weeks from today. These statements are accepted. Respondents 2, 3 and 4 are permitted to sell the destuffed goods. 3. There is no dispute about the fact that the petitioners are liable to pay container charges in terms of paragraph 9 of the affidavit of Mr. Praful Kamble, Asst. Docks Manager dated 19/3/09. Learned counsel for the petitioners states that the petitioners shall pay the charges accordingly. This statement is also accepted. After destuffing of the containers the petitioners shall pay charges as per paragraph No. 9 of the affidavit of Mr. Praful Kamble as stated hereinabove and within one week, therefrom the empty containers shall be handed over to the petitioners. Needless to say that destuffing charges will be paid by the petitioners, if demanded by the respondents. 3 4. Petition is disposed of in terms of the statements of the learned counsel. JUDGE JUDGE