M/s Master Tiles & Caramic Indus V (Petitioner) VS Federation of Pakistan & Ors (Respondent)

l.

t i

ORDER SHEET

HI HC U OF IND

C.P. No. D901 OF 2m7 \J"., G) Q..U i\'\- q "' --Q*mr*L*- Date order with signature of JudgB

FOR ORDERS ON I4ISC. 2BA-1 /2007

FOR ORDERS ON I4ISC. 9320 /2007

3. FOR KATCHA PESHI.

FOR ORDERS ON HISC, zaa3 / 2oo'l

I

1A. 03-2009

I Mr. Mian Abdul chaffar, advocata for petitioner.

the

I'lr - l'luhammad Ahsan Ghani Siddiqui' advocaLe for respondent No.2 ' Mr. shahab Sarki ' Standing counsal for FBdaration of Pakistan ' *x *x* * ***

PBtitioner l4/5' Master Tiles & Ceramic Industries matter' hava Ltd, for grant of rsquisite 161i6f in the No'10(2)'/2oo2-P&s- bas6d thi6 petition on the lstter of Ports l(PT) dated 11,o1.2oo7 issued by the l'linistry road thus:

& Shippins, Govornment of Pakistan' which " I' am diracted to refer toLimited'st'1/s- l4aster Tiles ,.a a'"r.i,i'. i''J'-,stries 2lsL DBcemL'er lelLor i"IrrcLz"oliboozl'n dated 'on2??6 the ?.""t ji".i*l,n '"ti"i iLs 6ncIoBLlres €nLlo<ed) r'r"nil..' .uo'" and :^" - ti|""t'- r'lrt".'i:Jt"r""i :l the FedBra I Governm€nt lor de,rrrrr aos/storaqe charges on the consignment of per deLails siven be)ow Limited' o.f .14ls' Il.ni."iil,. "" and ies Leramir rndusLrsection 79A of nil=r".- ii r.. clearante under t'ii.I.r.i.-iirl iLs

I q xpi a"t.

No

-tftr

-iNoa-*_ -i1

DATE

T -1d

I r87S 6

t

of the p6titioner is that

2.In a nLltshell ' case imported consignmsnts' as detailed in para-z thBir ten patition' wBre subjBcted to demurrage/ slorage of the No'2' l^lhich action uJas assail6d charges by r€spondant befor€ thB Ministry of Ports & by the petitioner and in tBrms of S6ction 79A of the Karachi shipping, d€murrago/storaga cha1966 t{arB Port TrLlst Act' the said but such decision though binding on respond6nt waivad, to th€ benefit of 1 No.2, has not yEt b6en implem6ntad the Peti tion€ r ' of this petition' coLlnter affidavit has 3. on notice of respondants No' 1 and 2' b66n filed on b€ha1f a bunch ol documents to show tha accompanisd Nith which had takEn pLac6 betu'6en the correspondance ' shippins and r6spondent No'z in ths ilini3try of Ports & dat6d 11'O1'2OO7' ThB psru3al ol contsxt of th6 lgtter rev6als that alter the decision of th6 such documents & Shipping contained in the said Ministry of Ports was taken up by r6spond6nt No'2 in letter, th6 mattsr letters No'5'/56 dal-ed 22'oL '2oo7 and the form of thair 24'of'2oo1 !^tith the Ministry of Ports & No-S/79 dated In response to th6se two letters' IettBr shipping- received by the chai rman of dated 14 . 02 ' 2oO7 uJas No'2' wharBin certain observalions 661e made re!:ipondent thus:

in Paras 4 and 5' which read 1i mi I is technical maLLer vJhi( h rime I ;:lt :: *" u*.'6r:"ir;r'ii" ln: "i:i}: =Ji "li:.I:,":

:;ll ::"Lhev LhaL- tt.^"1dii:" .i:,;'' :":: l; '';.fr".'-ln" eiven f ;fLime:

Tl;ll: 'i] ..)ll'""' ln""'o oe sLoPPed'

5- As regards the r€view of the casss raferred by KPT in 16ttor No.S/79 dated 24-OL.2Oa7, it is stated that it is the prerogative of KPT 6oard to revierJ these cases. Iherefore, aI I theso cases may be placed before KPT Board for r6view an.J Board Resolutions be s6nt to this Ministry for approval, if necessary under the rules- "

4.Further 6ase of th6 r6spond6nts is that in tha light of such d6cision of th6 Ministry of ports & Shipping, communicated to ths rsspondent No"2, the case 1 of the petition6r, as regard the waivar of demurrage/ I storage charges was lakon up by th6 Board of respondent No-2, which had taken th6 following decision r6garding it.

"452. R6solution: The Board consldered Agenda Item No-13 in pursuanca of l.linistry of Ports & Shipping's letter No- 1o(2)/2oo2-P&S- 1(Pt), dated 11.O1.2OO7 at Annexlr16*B- As dirECted by the Ministry of Ports & Shipping vide Para-5 of letter No.1O(2)/2OO2-P&S- 1(pt), datad 14.02-2OO7 (Ann6xure-C), the Board reviewed the cas6 regarding r6qu6st from M/s. l,lasLer Tiles & Ceramic Industries l-td., for l,^laiv6r of Storage Charges accrued on 1O-Consignments Plant & Hadhinery in the lishL of Traffic I'lanag€r's letter Na.I /vt/con/o?/2oo7 /39-4t dat6d 12-o3-zoo7 duly 6ndorsed by c€naral Manager (o),/ceneral t'lanager (F) and observed that KPT has no way contributed towards delay ot thes6 consignments and there being no merit rejected the request. "

decision of the Board was communicated to the ii? Ministry vide coveri Iettor dated 03.2OO7 and thus ng 31 .

th6 letter da ted 11. O1.2OO7, on t.Jhich the potitioner is basing thei r uhole claim in this .petition, has Iost its ellrcacv.

I

a\

for thg 6- Mr- Mian Abdu] Ghaffar' learned counsel p6titionBr, faoed wi th this sitLlation' candidlv submits is disposed that he l^li11 be satisfiad if this petition & Shipping of in thB terms that the I'linistry of Ports may be directod to take appropriatB decision on thB conveyed to t'hem Board Resolution of respondent No'2' find such through their letter datod 31'o3'2oo7' ltJe tha axtent that rsquest of the p6titionar reasonable to No' t in ths DetitionBr may approach the rsspondBnt T order to seek any furthar 16lief from them aftar the them in the clecision of the Board was taken against by the lisht of the l6tter dated 14'02"2oo7' issued for 1'he l.,1inistry. To this proposal ' l6arned coLlnsel respondents and t'ha Sianding Counsel havo also no obj 6ction.

of rn view of the abova, this petition is disposed \' t in t lre above ternrs

s& t*;'t..*

q \'z *rY t*\\"\-J \

Ls.),*\

\*AS> *N,)

€\*.s*t \(-.N"t$