1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5526 OF 2009 MSC Agency (India) Pvt.Ltd. ) MSC House, Andheri Kurla Road, ) Andheri (E), Mumbai 400 059. ).. Petitioners Versus 1. Union of India. ) 2. The Deputy Manager, ) Container Corporation of India Ltd. ) Dronagiri Rail Terminal (DRT), ) Sector – 2, Neart paghote Village, ) Dronagiri Node, ) Navi Mumbai 400 707. ) 3. Office of Commissioner of Customs ) Jawaharlal Nehru Customs House, ) Nhava Sheva, Tal. Uran, Dist.Raigad ) Maharashtra 400 707. ) 4. Assistant Commissioner of Customs ) Jawaharlal Nehru Customs House, ) Nhava Sheva, Tal. Uran, Dist.Raigad,) Maharashtra 400 707. ) 5. Directorate of Revenue Intelligence ) (DRI) 13, Sir Vitthaldas Thackersay ) Marg, Opp. Patkar Hall New Marine ) Lines, Mumbai. )..Respondents Mr. Sandeep Parikh and Mr. Kamlesh Patel, Advocates, for the petitioners. Mr. Rajinder Kumar, Advocate, for respondent Nos.1, 3 & 4. Mr. Jamshed Ansari i/b. S. Mohamedbhai & Co.Advocates for respondent No.2. 2 CORAM: FERDINO I.REBELLO AND J.H.BHATIA,JJ. DATE : 9th July,2009. ORAL JUDGMENT : (PER FERDINO I.REBELLO,J.) 1. Rule. Heard forthwith. 2. The petitioners have approached this Court with a contention that the containers belong to them are lying with the Respondents since 2002 and thereafter. 3. On behalf of respondent Nos. 1, 3 and 4, the learned Counsel has placed before us a list of the containers under 12 headings. 4. This petition can therefore be disposed off in the following terms :- (1) Container No.:- Sr.1 (MSCU2028997) Sr.2 (MSCU1269304) Sr.3 (MSCU2392632) Sr.4 (MSCU2228059) The said containers however contain stainless C.R.Sheets. Learned Counsel for the respondents seeks four months’ time to take steps to release the containers. Statement is accepted. 3 (2) Container No:- Sr.5 (MSCU3377988) Sr.6 (MSCU2397510) Sr.7 (MSCU1093956) In respect of these containers, learned Counsel seeks two months time to release the containers. Statement made is accepted. (3) Container No:- Sr.8 (MSCU1091980) In respect of this container, learned Counsel seeks two months’ time to release the container. Statement is accepted. (4) Container No:- Sr.9 (MSCU3021385) In respect of this container, learned counsel seeks two weeks’ time to release the container. Statement is accepted. (5) Container No.- Sr.10 (MSCU9733181) Sr.11 (MSCU8513639) Sr.12 (MSCU7106536) Sr.13 (CAXU4839820) In respect of these containers, learned Counsel seeks four months’ time to release the containers. Statement is accepted. 4 (6) Container No.: Sr.14 (GSTU5933600) Sr.15 (CRXU2186206) In respect of these containers, learned Counsel seeks three months’ time to release the containers. Statement is accepted. (7) Container No: Sr.16 (MSCU6944339) Sr.17 (MSCU1798777) Sr.18 (MSCU6317494) In respect of these containers, learned Counsel seeks four months’ time to complete the survey and adjudication and thereafter to take steps according to law. Statement made is accepted. (8) Container No.- Sr.19 (MSCU182939) In respect of this container, learned Counsel seeks three months time to release the container. Statement is accepted. ` (9) Container No.: Sr.20 (MSCU3196681) In respect of this container, learned Counsel seeks four months’ time to release the container. Statement is accepted. 5 (10) Container No.: Sr.21 (MSCU2037936) Sr.22 (MSCU2871430) In respect of this container, learned Counsel seeks four months time to complete the adjudication and thereafter to take steps according to law. Statement is accepted. (11) Container No.: Sr.23 (MSCU7949459) In respect of this container, learned counsel seeks two months’ time to release the container. Statement is accepted. (12) Container No.: Sr.24 (TGHU8651285) In respect of this container, learned Counsel seeks four months’ time to release the container. Statement is accepted. 4. Insofar as respondent No.2 is concerned, the petitioner is bound to pay their dues which are charged according to law. 6 Rule made absolute accordingly. No order as to costs. (J.H.BHATIA,J.) (FERDINO I.REBELLO,J.)