PNP 1 WP8537-17.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8537 OF 2011 CSAV Group Agencies (India) Pvt. Ltd. ..Petitioner. versus Union of India and others ..Respondents. ..... Mr. Ashutosh Gavnekar with Ms. Tripti Gupta, i/b Deven Dwarkadas & Partners for the Petitioner. Mr. Pradeep S. Jetly for Respondents 1 and 3 to 6. ...... CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. 17 October 2011. P.C. : 1. The Petitioner is a shipping agent in India of Campania Sudamericana de Vapores (Chile), S.A. and Norasia Container Lines Limited, which carries on business as container owners and carriers at Korea. The Petitioner is aggrieved by the inaction of the Respondents in failing to return 121 containers to the owners after de-stuffing the goods which have arrived at the Port of Mumbai. Counsel appearing on behalf of the Petitioner has placed on the record a chart showing the status of each of the containers. From the chart it appears that in several cases, adjudication proceedings in respect of the goods are in progress while in other cases, the goods are being examined or placed on hold for the auction process. A similar issue has been considered in a judgment dated 10 October 2011 passed by this Court in MSC Agency (India) Pvt. Ltd. v. Union of India (Writ Petition PNP 2 WP8537-17.10.sxw 4518 of 2011) where this Court observed as follows : Section 48 of the Customs Act, 1962 mandates that if any “ goods brought into India are not cleared for home consumption within 30 days from the date of unloading thereof at the customs station or within such further time as the proper officer may allow or if the title to any imported goods is relinquished, such goods may be sold by the person having the custody thereof. Several circulars have been issued by the Central Government to facilitate expeditious disposal of such cargo. The practical difficulties of the 2nd Respondent ought not to result in indefinite delay in the return of the container upon the cargo being de-stuffed. We, accordingly, dispose of this Petition by directing the Respondents to de-stuff the cargo and to return the containers to the Petitioner within a period of three months from today.” 2. Counsel appearing on behalf of the Respondents states that the Respondents are unable to make any categoric statement on when the containers would be released, since as many as ten different officers have to take a decision. The containers are not required for the purposes of any adjudication or other proceedings. Hence, we find no reason or justification why the containers should not be returned. We accordingly dispose of the Petition by directing that the Respondent shall de-stuff the cargo and return the containers to the Petitioner within a period of six months from today. Counsel appearing on behalf of the Petitioner has no objection to the aforesaid time being grated as prayed by Counsel appearing on behalf of the Respondents. The Petition is accordingly disposed of. (Dr. D.Y. Chandrachud, J.) (A. A. Sayed, J.)