GIRISH CHANDRA GUPTA, J. - (1.) The subject matter of challenge in each of the writ petitions out of which the present appeals arise is a resolution of the Board of Trustees for the Port of Calcutta dated 21-10-1982 by which it was inter alia resolved that rent on cargo transported in containers may be recovered from the Marine Account of the Steamer Agent from the 16th day from the date of landing of the containers up to and inclusive of the date of Destuffing, it destuffing is not done within the free time of 15 days. The steamer agents contend that they are not liable for the rent in case of delay in destuffing the containers beyond 15 days and that resolution to realise the rent from the Marine Account of the steamer agent with effect from the 16th day of landing in case the containers are not destuffed is without authority, arbitrary, capricious and void. The writ petition filed by M/s. Seahorse Shipping and Ship Management and others (hereinafter referred to as Seahorse for brevity) was heard by S. C. Sen, J. (as His Lordship then was). His Lordship upheld the contention of the writ petitioners and allowed the writ petition. Being aggrieved the Port Trust has come up in appeal. Another writ petition filed by United Liner Agencies of India Ltd. (hereinafter referred to as United Liner for brevity) and the third writ petition filed by Integrated Marketing Private Ltd. (hereinafter referred to as Integrated for brevity) were heard by U. C. Banerjee, J. (as His Lordship then was). His Lordship did not agree with the contention of the writ petitioners and therefore dismissed the writ petitions. Being aggrieved the steamer agents namely United Liner and Integrated have preferred appeals. All these appeals were heard in close succession. In each of the cases the undisputed factual position is that the destuffing of the containers was delayed beyond the free time of 15 days and as a result the Port Trust has debited and/or proposed to debit the Marine Account of each of the writ petitioners with the amount of rent on cargo for the delayed destuffing of the containers.
(2.) For proper appreciation of the case it would be useful to set out the Resolution dated 21-10-1982 adopted by the Port Trust:- Extract from the proceedings of the Trustees 11th Meeting held on the 21/10/1982 11. Subject : Rent on cargo in containers. The Trustees by their Resolution No. 41 dated 22-2-1982 decided to allow three days rent-free period to Importers for clearance of cargo carried in containers, provided the containers are destuffed within 15 days from the date of landing. This was done on the basis of the recommendation made by the Operations Committee. 2. It has been represented by the Trade that distuffing of containers is not under their control and their charges to be imposed by CPT for delay in destuffing, if any, would be recovered from the Shipping Companies Container Operators. The matter has been examined by the Traffic Manager and he has recommended that rent on containers be recovered as follows :- (i) The date of destuffing may continue to be treated as the date of landing of the cargo contained in the containers and rent on such cargo may be recovered in terms of S. 6(A) of the Trustees' Scale of Rates. In other words, in all cases whether destuffing be done within the free time of 15 days or thereafter, the consignee should always be given the benefit of 3 clear working days after the date of destuffing of the containers, after which rent, if any, may be realised from the consignee. (ii) Rent on cargo transported in containers may be recovered from the Marine Account of the Steamer Agents from the 16th day from the date of landing of the containers up to and inclusive of the date of destuffing, if destuffing is not done within the free time of 15 days. (iii) As regards Nepal cargo contained in containers, the existing facilities i.e. 7 clear working days as rent free period after the date of destuffing may continue to be allowed to the consignee. (iv) As regards hazardous cargo contained in containers, rent may be recovered under S. 19 of the Trustees' Scale of Rates irrespective of the date of destuffing. It may, however, be suggested that rent on such cargo from the date of landing of the container up to the date previous to the date of destuffing may be recovered from the Marine Account of the Steamer Agents and that rent on the same may be recovered from the Importer from the date of destuffing up to the date of delivery. 3. Financial Adviser and Chief Accounts Officer have concurred in the recommendations made by Traffic Manager. 4. The sanction of the Trustees is requested to the proposal of Traffic Manager, as indicated above. Shri S. K. Sen mentioned that he had raised certain points in a letter which he had just sent to Chairman. It was agreed that the proposal, as presented to the Trustees, should be sanctioned. The points raised by Shri Sen would examined and placed before the Trustees at a subsequent meetings."
(3.) Subsequently considering the recommendations made by Shri S. K. Sen Regional Director, Shipping Corporation of India Ltd, Calcutta the free time of 15 days was increased to 21 days by the Resolution No. 424 dated 27-12-1982. The said Resolution reads as follows :- Resolved that the 15 days time allowed to shipping Companies Containers Operators for destuffing containers carrying import cargo be increased to 21 days.";