Y.R.Meena, J. - (1.) By this writ petition the petitioner has prayed that respondents be directed to arrange for destuffing of the cargo contained in FCL containers and further direct the respondents that they are not to charge any rent/or demurrage in respect of the containers particulars whereof are given in Annexure "P". The respondents be further directed not to debit the petitioner's marine account in respect of the containers in question and respondents be directed to return the empty containers to the petitioner without charging any demurrage or rent in respect of the containers.
(2.) The petitioner No.1 is carrying on business as Shipping Agents. At all material times acted as the agent of a foreign principal, petitioner No.2.
(3.) 10 Containers of Urea arrived at Calcutta Port from Dubai on 25.6.96 and further 10 containers of Urea arrived at Calcutta from Dubai on 6.10.96. Petitioner duly filed cargo declaration with the respondent port authorities declaring the same as to be Nepal cargo and given the names of the Nepalees consignees, these are respondent Nos. 12 and 13. Upon arrival of the Cargo notices sent by the petitioner to the consignees and the notified parties however, inspite of the repeated requests and demands respondents Nos. 12 and 13 have not taken delivery of cargo.;