PINAKI CHANDRA GHOSE, J. - (1.) This appeal is arising out of an order dated June 28, 2005 passed by Hon'ble First Court disposing of the writ petition inter alia holding that the Port Authority was negligent in not taking steps after expiry of two months as to disentitle it to claim demurrage charges. Further His Lordship held that the Port Trust is not entitled to get full demurrage charges till 4th April, 2003 which has to be shared equally by the Port Trust and the writ petitioners and the balance demurrage should be waived by the Port Trust.
(2.) Facts of the case briefly are as follows:- On November 13, 2001 two loaded containers were landed at the Port of Kolkata per vessel 'Cambodia Star'. The petitioner No. 1 acted as the sub-agent of the Foreign Slot Charterer of Singapore in the matter of clearance of the said two containers which arrived from Jakarta. The respondent No. 5 was the consignee.
(3.) No representation was made by the writ petitioner either to the Customs Authorities or to the Port Authorities during November, 2001 and October, 2002. During November, 2002 and March, 2003 the writ petitioner wrote several letters to the Customs Authorities requesting them to take steps under the Customs Act, 1962 as the consignee failed to take delivery in spite of requests. On April 4, 2003 the writ petitioner for the first time approached the Kolkata Port Trust informing it about the non-clearance of the consignment by the consignee and the Port Trust was requested to make arrangement for the return of the empty containers to the writ petitioner.;