Kalyan Jyoti Sengupta, J. - (1.) By this writ petition the petitioner have asked for a Writ of Mandamus directing and/or commanding the respondents to make payment of the containers detention charges in respect of the containers being Nos. CRXU 4638054 and POCU 1197581 and the Port charges in respect thereof for the period on and from 19th August, 1997 until re-export thereof. The fact of the case is not disputed much and is stated hereunder in short.
(2.) The writ petitioners carry on business of import and export in United Arab Emirates. During June, 1997 the writ petitioners shipped two consignments of Ball Bearings for Nepal as its final destination, transiting through India via Calcutta Port. The said Ball Bearings, which were in containers, arrived at the port of Calcutta during the 1st week of July, 1997, and immediately after landing, the consignment was seized by the Customs authorities under Section 110 of the Customs Act, 1962.
(3.) The importer namely M/s. Nitu Enterprises by a letter dated 3rd April, 1998 expressed inability to the Customs authorities to clear the said consignment. So the petitioners approached the Customs authorities, for permission to re-export and/or withdraw back to its origin at their own risk and costs. But the Customs authorities did not take any action, which resulted in substance in refusal to grant order of re-export to its country of origin.;