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2024 Supreme(Online)(KER) 56703

HIGH COURT OF KERALA
C.S. DIAS, J
OCEAN NETWORK EXPRESS (INDIA) PVT LTD BRANCH MANAGER AND AUTHORISED SIGNATORY – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.AMAL JEES ALEX, SRI.P.A.GIREESH KUMAR, SRI.PAUL BASE
For the Respondents: SMT.SREEKALA KRISHNADAS, SRI.SAJI VARGHESE T. G, SRI.C.VIVEK, SMT.RAKHI RAMACHANDRAN, SRI.JOMY JOHNY, SMT.FADHI RAHMAN, SMT.MARIAM MATHAI, SRI.SUNILKUMAR KURIAKOSE, GP SR.GP.SMT.DEEPA NARAYANAN

Table of Content
1. request for police protection due to container removal obstruction. (Para 1 , 2)
2. court's interim directions on payment and container release. (Para 3 , 4 , 5 , 6)
3. judgment affirms petitioner's right to remove containers. (Para 8 , 9)

JUDGMENT

Dated this the 13th day of December, 2024 The writ petition is filed, inter alia, to direct the respondents 1 and 3 to provide necessary police protection to the petitioner to remove the laden and empty containers from the Container Freight Station (CFS), Ernakulam.

2. The petitioner is an agent of an Overseas Shipping Company and is engaged in the business of providing lading, shipping and logistical support service to Overseas Container shipping companies operating through the ports in India. The containers managed by the petitioner are stored at the CFS managed by the 5th respondent. The 5th respondent has taken the CFS on lease from the 6th respondent, who in turn has an agreement with 4th respondent for the operation and management of the yard. Due to differences of opinion between the respondents 5 and 6, the 6th respondent is obstructing the movement of the containers from the CFS, which is causing significant delay

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