1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2662 OF 2009 WRIT PETITION NO. 2662 OF 2009 WRIT PETITION NO. 2662 OF 2009 MSC Agency (India) Pvt.Ltd. ... Petitioners Versus Union of India & Ors. ... Respondents Dr. V.Tulzapurkar with Mr. Sandeep Parik, Mr. Kamlesh A. Patel, Manav Shah i/b. Deven Dwarkadas & Partner for the petitioners. Mr. Rajinder Kumar for respondents. CORAM: F.I.REBELLO AND CORAM: F.I.REBELLO AND CORAM: F.I.REBELLO AND J.H.BHATIA,JJ. J.H.BHATIA,JJ. J.H.BHATIA,JJ. DATE: 9th April, 2009. DATE: 9th April, 2009. DATE: 9th April, 2009. P.C P.C P.C. 1. Rule. Heard forthwith. 2. The grievance of the petitioners is that their containers are in the custody of the respondents. It appears that the importer has not cleared the goods. In 2 these circumstances, the goods continue to be in the containers since 2004. 3. After hearing the parties, in our opinion, interest of justice would require that following directions be given :- (i) The respondents are directed to take whatever steps in law they are entitled to de-stuff the containers described in Exhibit "B" and release the containers in favour of the Petitioners within 8 weeks from today. (ii) Liberty to apply in case of any difficulty. 4. The learned Counsel for the petitioners contends that within 8 weeks if the action is not taken by the respondents, the petitioners reserve their right to sue the respondents for compensation. Liberty as prayed for. 5. Rule made absolute accordingly. No order as to costs. (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) 3 (J.H.BHATIA, J.) (J.H.BHATIA, J.) (J.H.BHATIA, J.)