IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 24663 of 2011(G) -------------------------- PETITIONER : --------------- PHILIP YOHANAN, S/O.YOHANAN, S.P.SADAN, KAITHAKODE,KOLLAM PROPRIETOR-M/S.NORTH STAR COMMODITIES,STAR BUILDING,KUNDRA,KOLLAM. BY. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE ADV. SMT.T.N.GIRIJA RESPONDENT(S): --------------- 1. C.R.TRADING COMMERCIO,GERAL, IMPORT-EXPORT INDUSTRIA E REPRESNTACAO, RUA VTARINO DA COSTA,N" 45-(CHAO DE PAPEL)BISSAU,REPUBLICA DA GUINE-BISSAU. 2. DEPUTY COMMISSIONER OF CUSTOMS (IMPORTS) CUSTOMS HOUSE,WILLINGDON ISLAND,KOCHI-682 009. 3. COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, WILLINGDON ISLAND,KOCHI-682 009. 4. DHL LEMUIER LOGISTICS PVT LTD, 24,1142-E, FIRST FLOOR,TEEPEEYEM CENTRE,NAVAL ROAD, WILLINGDON ISLAND,KOCHI. R2 & R3 BY ADV. SRI.TOJAN.J, VATHIKULAM R4 BY ADV.SRI.V.B.UNNI RAJ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24663 of 2011(G) APPENDIX PETITIONER EXHIBITS EXT.P1 : TRUE COPY OF THE RECEIPT DTD.3.6.2011 EVIDENCING PAYMENT OF 2/- LAKHS USD. EXT.P1(a):TRUE COPY OF THE RECEIPT DTD.3.8.2011 EVIDENCING PAYMENT OF 76,051 USD. EXT.P(b): TRUE COPY OF THE RECEIPT DTD.2.6.2011 EVIDENCING PAYMENT OF 1,50,000/- USD. EXT.P2 : TRUE COPY OF THE BILL OF LADING DTD.23.7.2011. EXT.P2(a): TRUE COPY OF THE BILL OF LADING DTD.23.7.2011. EXT.P3 : TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD.06.09.2011. RESPONDENTS' EXHIBITS : NIL TRUE COPY P.A TO JUDGE amk ANTONY DOMINIC, J. ================ W.P.(C) NO. 24663 OF 2011 ===================== Dated this the 26th day of September, 2011 J U D G M E N T Petitioner claims to be an importer of raw cashew nuts. According to the petitioner, based on an agreement between themselves and the 1st respondent, consignment of raw cashew nuts were imported through the Cochin Port Trust. It is stated that in violation of the contract with the 1st respondent, in order to take advantage of the increased international price, the 1st respondent is attempting to sell a portion of the cargo to other importers. It is stated that if that happens, petitioner will be deprived of his consignment and will cause huge loss to him. Complaining of the above, he made representation to the 2nd respondent to prevent the clearance of the cashew nuts covered by the bill of lading in his favour. It is thereafter the writ petition has been filed for directing the 2nd respondent to consider Ext.P3 and pass orders thereon with notice to the parties. 2. On behalf of respondents 2 and 3, standing counsel submits that claims for import is processed on the basis of the bill of lading submitted and that what is raised by the petitioner is a WPC No. 24663/11 :2 : pure civil dispute between himself and the 1st respondent. 3. The 4th respondent claims to be the clearing agent and according to the learned Counsel Sri.V.B.Unniraj, original bill of lading concerning the cargo in question is in favour of South Kerala Cashew Exporters, Kollam and that the said party is entitled to get the cargo cleared. It is stated that the clearance is belated on account of the interim order passed by this Court requiring the parties to main status quo in the matter of clearance of the cargo in question. 4. Evidently, this Court cannot resolve the civil dispute between the petitioner and the 1st respondent and respondents 2 and 3 will have to decide on the claim for clearance of the cargo based on the bill of lading submitted by the respective importer or his agent. In this case, therefore, if the petitioner or the 4th respondent or its agent has claim over the cargo, it is upto them to submit the bill of lading before respondents 2 or 3 and it is up to them to take a decision in the matter. Therefore, leaving it open to respondents 2 and 3 to decide WPC No. 24663/11 :3 : on the claim according to the bill of lading and other relevant documents, this writ petition is disposed of. ANTONY DOMINIC, JUDGE Rp