In Brief
Cochin Port Trust sought to recover indefinite "ground rent" charges on uncleared containers. The Supreme Court held that the High Court correctly limited the Port Trust's entitlement to charges to 75 days as fixed by TAMP. However, the Court identified inconsistencies in prior precedents regarding whether steamer agents or consignees bear liability for port charges and storage fees. The Court remanded the matter to a larger Bench to clarify: (1) the relevance of title passage in determining liability; (2) whether steamer agents are absolved once delivery orders are issued; (3) steamer agent liability for uncleared goods; and (4) the principles determining recovery from either party.
The lawyer headnote and full judgment text are available to registered users.