Dmt 1 wp4518-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4518 of 2011 MSC Agency (India) Pvt. Ltd., .. Petitioner. versus Union of India & Ors. .. Respondents. ..... Mr. A.M. Vernekar for the Petitioner. Mr. Pradeep S. Jetly for Respondent Nos. 1, 3 & 4. Ms. S.I. Shah for Respondent No. 2. CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. 10 October 2011. P.C. : The Petitioner is a shipping agent of M/s. MSC Mediterranean Shipping Company, S.A. which carries on business of carriage of goods by sea. The Petitioner is Dmt 2 wp4518-11 aggrieved by the inaction on the part of the Respondents in failing to de-stuff the goods which have arrived at the port of Mumbai since the containers have not been returned to the owners. Exhibit B to the petition is a chart containing a “ ” list of 49 containers which have arrived as far back as on 17 March 2008 and until 23 December 2009. On 13 June 2011, the 2nd Respondent has replied to an Advocate s notice. The ’ Court is informed that the present situation is that five of the containers mentioned in Exhibit B have been cleared. “ ” Three containers were under Customs Hold. In respect of 19, adjudication proceedings have been initiated by the Customs Authorities in respect of goods imported. 2. The goods in four containers are to be placed in auction while the balance could not be disposed of in consecutive auctions. 3. 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 Dmt 3 wp4518-11 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. 4. The Petition is accordingly disposed of. There shall be no order as to costs. (Dr. D.Y. Chandrachud, J.) (A. A. Sayed, J.) Dmt 4 wp4518-11