IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1780 OF 2008 MSC Agency (India) Private Ltd. ..... Petitioner V/s. Union of India & Ors. .....Respondents Mr.M.S.Doctor with Ms.Sumnani i/by M/s.Bhatt & Saldhana for the petitioner. Mr.N.V.Masurkar with N.R.Prajapati, for respondent No.5 to 7. Mr.Umesh Shetty with Ms.Sheetal Mhatre i/by M/s.M.V.Kini & Co., for the respondent Nos.2, 3 and 4. CORAM : SHRI P.B.MAJMUDAR & SHRI J.P.DEVADHAR, JJ. DATED : 18th DECEMBER, 2008. P.C. 1. In response to the notice of this Court, the learned counsel for the Customs Department states that the decision has already been taken by the Assistant Commissioner of Customs dated 09-05-2007, by which the Customs department has informed the Deputy Manager (Auction Sales) that the Customs department has no objection to the uncleared/unclaimed cargo belonging to M/s.Asthalaxmi Mercantile Pvt. Ltd., (Mb.P.T. Lot No.AB/00806) being put to auction by Mb.P.T. Subject to the lien of the Customs on the said goods. It is also decided by the department that 34 pcs of used empty shells have been found in the said consignment and the same have already been confiscated by the Department of Customs and will be disposed of by the Disposal (G) unit of Mumbai Customs. 2. In this view of the matter, now so far as the empty containers are concerned, the same may be released and handover to the present petitioner, who is the owner of the containers. The learned counsel for the Port Trust, states that after taking necessary charges the empty container will be handed over to the petitioner without further delay. In view of this, the respondent No.3 is directed to handover empty containers to the petitioner at the earliest and in any case within a period of two weeks from today. Subject to the aforesaid directions, petition is disposed of. ( J.P.DEVADHAR, J. ) ( P.B.MAJMUDAR, J. )