- (1.) The petitioner imported a consignment of agro chemicals under Bill of Entry No. 524972 dated February 22, 2010 and also paid the Customs duty assessed thereon. The original bill of Lading, it is alleged, has been lost along with five other bills of lading and other documents. According to the petitioner, two new bills of lading were issued in respect of two lost bills of lading dated January 10/2010 and delivery orders were issued in respect of the consignment covered by those bills, of lading. Disputes have, however, arisen with regard to two bills of Lading including the Bill of lading covering the consignment referred to above. The petitioner has apparently advertised the Loss of the bills of lading in the issue of 'The Statesman' published on July 15, 2010. According to the petitioner, there has not yet been any response. The respondent No. 4 being the shipping agent apprehends that the original bills of lading might have been endorsed and the shipping agent and/or its Principal may be liable for compensating the endorsee of the bills of lading.
(2.) After hearing the respective parties, this Court deems it appropriate to direct release of the goods covered by the two consignments to the petitioner, subject to the petitioner furnishing a bank guarantee securing the value of the goods covered by the said two consignments. The bank guarantee shall be kept renewed for a period of one year from date. The petitioner may also be called upon to furnish requisite bonds/undertakings securing the shipping agent and/or its Principal against any claims from possible endorsees of the bills of lading in question. The bank guarantee shall be renewed upon notice to the private respondent of at least 15 days prior to the date of expiry thereof.
(3.) Needless to mention that the goods covered by the two consignments shall be released subject to clearance of all freight, demurrage and other charges as also the requisite to customs duty as assessed on the said goods.;