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DELHI HIGH COURT
SANJAY KISHAN KAUL, MOOL CHAND GARG
Central Warehousing Corp. – Appellant
Versus
Bhartiya Plastic Udhyog – Respondent
JUDGMENT
Sanjay Kishan Kaul, J.
1. The refusal by the appellant to deliver the subsequent consignment to respondent nos.1 and 2 on account of a dispute about the non payment of warehousing charges for the first consignment had given rise to the present litigation. It is an undisputed fact that there was no controversy of any alleged dues in respect of the second consignment. A connected question arising for consideration is whether such detention was possible even if the consignment was warehoused without the consent of the consignee to the warehousing corporation.
2. The respondent no.1 imported acrylic scrap in pursuance to a bill of entry dated 29.10.1992 in three containers of a declared value of USD 240 per metric ton. However, on their import into India, the custom authorities assessed the price of the goods at USD 475 per metric ton resulting in notices being issued by custom authorities for adjudication. The goods were not cleared and were warehoused with the appellant. It is during the pendency of this dispute that a second consignment of respondent no.1 vide a bill of entry dated 06.09.1993 was received in India. The bill of entry was presented for home consumption an
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