High Court Rejects Importer’s Plea to Halt Cargo Arrival and Manifest Filing

The petitioner, Maheshwar Flooring Industries Limited, entered into a contract with a Singapore-based party for the supply of goods. After a dispute with the supplier, the petitioner sought to prevent the arrival of the cargo and the filing of the Import General Manifest (IGM) by the shipping line.

The petitioner argued that the goods were being sent without their consent and that the arrival of the vessel would start unnecessary legal and financial liabilities under the Customs Act. Thereby, they filed a writ petition seeking a direction to the Union of India and the Commissioner of Customs to restrain the vessel’s entry and the filing of the IGM.

Issue Before Court: Whether a High Court can exercise its extraordinary jurisdiction under Article 226 to prevent a vessel from entering Indian territory or to restrain the filing of mandatory statutory documents.

HC Ruled: The Hon’ble High Court dismissed the petition, holding it to be “misconceived”. The Court observed that Sections 30 and 31 of the Customs Act, 1962, mandate the person in charge of a vessel to deliver an import manifest upon arrival. Giving the petitioner’s request would force the authorities to violate these statutory provisions.

The Court further clarified that once cargo arrives, the resulrs under the Customs Act must follow, and Section 48 provides a specific procedure for goods that are not cleared or warehoused within thirty days. The Bench concluded that any grievance the petitioner has against the Singaporean supplier must be settled through appropriate legal remedies for breach of contract, rather than by obstructing customs procedures.

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