KARACHI: A single bench of the Sindh High Court (SHC), comprising Justice Salahuddin Panhwar disposed of a suit along with listed applications with directions on filed by M/S OSC Cotton Trading L.L. C against M/s Tanveer Cotton Mills Private Limited and others.
On 26 October 2021, during the hearing, Shahab Imam Advocate for plaintiff, Khawaja Naveed Ahmed Muhammad Khalil Dogar, Agha Zafar Ahmed Advocates for defendants appeared before the court, learned counsel for plaintiff filed certain documents with statement, in which court took on record and provided copy to counsel for defendants.
After the hearing, court passed order that “after hearing at length, respective parties are agreed that 1), defendant will receive all 34 containers and will complete all requisite and codal formalities, as well as pay charges of the shipping line in one go. Shipping line shall consider the case of defendant The Collector of Customs MCC Appraisement East with regard to concession in charges of containers and port charges of permissible under their policy.
The Collector of Customs Appraisement East shall ensure that all containers are received by them and shall pay requisite fees in respect of rest of the containers, within two days. 2), The Collector of Customs MCC Appraisement East will not pursue further and will withdraw its banking suit from banking court Lahore, suit along with listed applications stands disposed of”.
After directions, Dr Shahab Imam Advocate wrote letter to Collector of Customs Appraisement East, Hapag Lyoyd Pakistan, South Asia Pakistan Terminals, Manager HBL and informed them that court was pleased to issue directions to M/s Tanveer Cotton Mills to receive all the container lying at port and shall pay all the charges within two days from the date of order dated Oct 26, 2021, the court has further directed to shipping lines as well as port terminals with regard to concession in the charges of detention and demurrage etc.
In view of the above, you are hereby requested to implement the above said order in letter and spirit by releasing all the consignment instead of partial consignments, it is clarified that the dispute between the parties was lifting/ receiving of consignments partially was settled and directed that all the consignments shall be received by the Tanveer Cotton Mills, therefore, it is humbly, requested that partial delivery of the containers not be given to the importer as per compliance of the SHC.
