DONALD AND MACARTHY P LTD Vs. UNION OF INDIA
HIGH COURT OF CALCUTTA
DONALD AND MACARTHY PVT.LTD.
UNION OF INDIA
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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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