Mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4088 OF 2009 MSC Agency (India) Pvt. Ltd. ..Petitioners Vs. Union of India & Ors. . ...Respondents Mr. Sandeep Parikh with Mr. Kamlesh Patel i/b. Deven Dwarkadas & Partner for the petitioners Ms. S.I. Shah, for the Respondent No.2. Mr. Rajinder Kumar, for Respondent No.3. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : 17TH JUNE, 2009 P.C. Rule. Heard forthwith. 2. Subsequent to the filing of the petition, the petitioners have received a communication dated 15th April, 2009 from Central Warehousing Corporation. The letter lists 17 containers belonging to the petitioners. Containers at Serial Nos. 1 and 2, are not the subject matter of the present petition. In so far as containers at Serial Nos. 4 to 14 and 16 are concerned, the remark column in the letter indicates that the goods in the containers had been put to auction, but no bids had been received. We find that these containers had arrived between 17th November, 2006 and 27th February, 2008. We are in June, 2009. Under these circumstances learned Counsel for the respondents seeks two months time to hold a fresh auction 3. Considering the request made on behalf of the respondents two months time is granted to the respondents from today to hold fresh auction. If the goods are not purchased in the auction held the respondents to de-stuff the containers and hand over possession of the containers at Serial Nos. 4 to 14 and 17 within 30 days on the expiry of the said period of two months. 4. In so far as the containers at serial Nos.15 and 16 the Respondents are directed to complete the process of final assessment and thereafter to take steps according to law at any rate not later than three months thereafter. 5. In so far as container at serial No.3 is concerned, the cargo is described as Apricot Kernels. The respondents are directed at any rate to take steps within two months from today and thereafter to de-stuff the container either by selling the Apricot Kernels if saleable and thereafter within one month to hand over the container to the petitioners herein. 6. Rule made absolute accordingly. No order as to costs. Liberty to the petitioners to apply for further directions if required. 7. We make it clear that in so far as the respondent No.2 is concerned they can claim their dues from the person from whom they are entitled to claim. (J.H. BHATIA,J.) (F.I. REBELLO,J.)