ARIJIT BANERJEE,J. - (1.) This appeal is directed against the judgment and order dated 25 June, 2014 passed by the Learned First Court, whereby WP No. 1936 of 1995 was disposed of. The question that arises for determination is as to what extent the Kolkata Port Trust (in short 'KPT ') is entitled to recover demurrage charges from the respondent no. 1/writ petitioner in respect of containers in which poppy seed was imported by the respondent company from Karachi to Kolkata on route to Nepal. The respondent no. 1 has also filed a cross-objection against the judgment and order under challenge.
(2.) Facts of the Case: Between July, 1994 and September, 1994 the writ petitioner, Indian Trident Maritime (P) Ltd. (in short 'ITM ') as steamer agent brought 125 containers of 20 feet length loaded with poppy seed from Karachi to Kolkata by ship and the same were landed at the Kolkata Port in transit to Nepal. The consignee of the cargo was resident in Nepal.
(3.) By reason of delay on the part of the consignee to take delivery of the cargo, ITM 's containers remained blocked causing commercial loss and inconvenience to ITM. Accordingly, ITM wrote a letter dated 8 September, 1994 to the Customs Authorities requesting them to allow ITM to destuff the containers and store the cargo in the port sheds or any other place as directed by the Customs Authorities. This was followed by a letter dated 24 September, 1994 written by ITM requesting the Customs Authorities to keep the cargo in their custody and release the containers.;