Law:

Section:

Manual of Procedure for the Handling, Berthing and Operation of Container Vessels and Containers at Karachi Port--R. 35(a)---Constitution of Pakistan (1973), Art. 185 (3)---Import of machinery---Cargo on arrival at the port was withheld by Shipping Agents--Liability to pay storage charges----Where cargo was withheld by Shipping Agents in containers after ten working days dwell time, then storage charges on cargo in containers would be levied against Shipping Agents as per Scale of Charges provided in R. 35 (a), Manual of Procedure for the Handling, Berthing and Operation of Container Vessels and Containers at Karachi Port---High Court while relying on R. 35 (a) itself maintained that containers were detained by the Shipping Agents, therefore, they were liable for payment of storage charges---Leave to appeal was granted in circumstances. ORDER ABDUL QADEER CHAUDHRY, J: --Leave to appeal has been sought against the judgment of the High Court of Sindh, Karachi, dated 20-11-1993. 2. The facts in brief are that the petitioners placed an Order with Messrs Texel Manchester (U.K) for supply of second-hand reconditioned, textile machinery under Cash Licence Scheme of the Government of Pakistan. The petitioner opened an irrevocable Letter of Credit dated 21-6-1986. The petitioners were informed by their local agents M/s. Consolidated Shipping Ltd. vide letter dated 21-9-1986 that the consignment of 24 containers was due to arrive on m.v. "Norasia Susan" and 10 containers under B/L No.1038-A, dated 2-9-1986 were due to arrive on m.v. "Norasia Susan". The vessel in question arrived on 4-10-1986 and 24 containers brought by her were transported to Lahore Dry Port and delivered to the petitioners. According to the petitioners, in the first week of October 1986, it was disclosed that 10 containers had already arrived on 27-7-1986, and respondent No.3 had failed to inform the petitioners about their such early arrival. The petitioners located the said containers on 14-10-1986, which were lying in the KPT premises. The petitioners filed a Constitutional petition for delivery of the goods without any payment of demurrage charges in respect of these 10 containers. The goods were…

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