DONALD AND MACARTHY P LTD Vs. UNION OF INDIA
LAWS(CAL)-1996-7-31
HIGH COURT OF CALCUTTA
Decided on July 24,1996

DONALD AND MACARTHY PVT.LTD. Appellant
VERSUS
UNION OF INDIA Respondents





Cited Judgements :-

Kumar Trading Co LLC VS. Union of India UOI [LAWS(CAL)-2001-5-34] [REFERRED TO]
VIDYT METALLICS LTD VS. BOARD OF TRUSTEES OF THE PORT OF MUMBAI [LAWS(BOM)-2006-3-33] [REFERRED TO]
AUSTIN ENGINEERING CO LTD VS. COMMISSIONER OF CUSTOMS [LAWS(MAD)-2009-9-14] [REFERRED TO]
SUJANA STEELS LTD VS. COMMISSIONER OF C. EX. [LAWS(CE)-1999-6-62] [REFERRED TO]
SRIKANT BAGLA VS. COMMISSIONER OF CUSTOMS AND ORS. [LAWS(CAL)-2015-4-44] [REFERRED TO]
SRIKANT BAGLA VS. COMMISSIONER OF CUSTOMS (PORT) [LAWS(CAL)-2013-12-123] [REFERRED TO]


JUDGEMENT

Altamas Kabir, J. - (1.)The writ petitioner Company claims to be incorporated under the relevant laws of Singapore and carries on business of import and export of various materials from Singapore. According to the petitioner Company, it authorised one Shri Om Prakash Chowdhury, Advocate, as its lawful Attorney to represent it before the Customs authorities, Courts in India and/or any other Government authority, or body, relating to and/or in connection with any consignment and to appoint such legal practitioners as he thought fit and t proper for the above purposes and also to do all such deeds, acts and things as may be required for the purpose of reshipment of the consignment in question. The power of Attorney granted by the petitioner Company in favour of Shri Chowdhury is said to have been counter-signed by the Indian High Commissioner at Singapore.
(2.)According to the petitioner Company, in terms of the contract entered into by and between the Company and M/s. M.K. Enterprises, the Respondent No. 10 in the present writ proceedings, it raised six invoices and shipped consignments of 6 x 20 ft. containers of Electrolytic Copper Wire Rods to be off loaded at the port of Calcutta.
(3.)M/s. Mitsui OSK Lines Ltd., the re-shipping Company in question, issued six Bills of Lading notifying M/s. M.K. Enterprises that the goods in question had been shipped for being off loaded at the Calcutta Port. The said goods were reshipped on the Vessel, S.S. Tiger River, which arrived at the Calcutta Port on 13th May, 1993.
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