G.S.N.Tripathi, J. - (1.) This is a petition under Article 226 of the Constitution of India. The following reliefs have been prayed : i.to issue a writ, order or direction in the nature of certiorari, quashing the demand for payment of warehousing charges amounting to Rs. 4,11,612.50 by the respondent in its letter No. CN/MNR/IMC/90-91/166, dt. 22-5-1990 (Annexure 17) ii. issue a writ, direction or order in the nature of mandamus directing respondents to deliver the goods of the petitioner warehoused under warrant of goods Book No., 00360 and S.I. No. 017984 to 017994 dated 23-10-1987,29-10-1987,26-10-1987,27-10-1987,28-10-1987,30-10-1987/12-11-1987 and 16-11-1987. iii. issue any other writ, direction or order which the petitioner may be found entitled to according to law and iv. award the cost of the writ petition to the petitioner.
(2.) The petitioner is admittedly a firm carrying on the business of manufacturing of tin containers under the name and style of Tin Manufacturing Company of India, having its factory at Mohan Nagar in the district of Ghaziabad. The petitioner manufactures tin containers from Tin Plates Waste/ Waste (hereinafter referred to as TPWW). The containers are manufactured from MS plates but the MS sheets are of very inferior quality in comparison to TPWW. The petitioner is registered with the D.G.T. & D as an industrial undertaking manufacturing metal containers and agricultural implements. In the manufacture of metal containers generally tin plates Taste/Waste are used as raw materials and for agricultural implements MS plates or MS sheets (defective) are used for the same.
(3.) The petitioner placed an order for import of 500 metric tons of tin plates waste of Maxican origin on M/s. MILL Exports Inc.. Perrine Avenue, New Jersey 08638 U.S.A., through their local contact M/s. M.S. Puri and Company, New Delhi. The price for tin plates etc. was agreed to be paid @ 270/- U.S. Dollar per metric ton F.O.B. Maxican Port. An L/C bearing No. M-l-835/27, dated 13-3-1987 was opened with Bank of Maharashtra, New Delhi in favour of the suppliers. It was agreed that part shipment of the total quantity purchased will be allowed. As per orders aforesaid the suppliers M/s. Mill Exports Inc. New Jersy, U.S.A. despatched the goods in two lots. The petitioner filed four Bills of Entry for the aforesaid two lots of the tin plates/waste described in the invoices of the suppliers and the same were examined. However, the goods covered by Bill of Entry No. 2071/295 of the aforesaid lot number 1 were only available for examination, whereas, the goods covered by the rest of the three Bills of Entry Nos. 2071/84, 2080/225 and 2080/1999 had partly been overcarried and were expected to arrive later. The said examination of the goods available was taken up in the presence of the clearing agents.;