Need legal help in nava sheva

1. The B/L would indicate the total amount of goods shipped. The buyer would have paid the duty if any for clearing the goods. If this is an LC, then the buyyer would have already remitted the amount payable to the seller through his bank before clearing the goods.

Now if the excess 4 mt has not been shown in the B/L, then it would be illegal for the buyer to clear the excess amount so shipped without paying the duty. Secondly what does the invoice show. Is it 24 mt or 28 mt?

The buyer could come in trouble if it could be proved that the shipment was not 24 mt but 28 mt, but how do you prove this, as the buyer must have had already offloaded the container and possibly sold quite a lot of material by now

The B/L clearrly states 28 MT. Since, it was on LC, we have to made two Invoices - showing 24 MT and 4 MT. The other documents like Certificate of Origin. Form 9, PSIC all shows 28 MT. The containr is still on port and we have not released the Deliveryorder. We want to either send a legal notice to buyer or get a court order o that buyer cannot take the conatiner w/o paying dues and they bear the damageres.The inco terms were CIF Nava Sheva.

Thanks for your reply.

Arvind Patil

99606 73768

Great, go ahead. But what happens to the consignment, just in case the buyer is not in a position to clear the excess 4 mt due to lack of funds? You would also have to seek a directive from the Court, that the seller should be allowed to sell the consignment, should the buyer fail to pay for the excess 4 mt

We are willing to take the 4.14 MT at the port and sell it someone else. But Buyer is not willing to do so. So what are our options and how can we enforce it?

And will you be able to provide your serice on this?

Arvind Patil

arvind i have one of my friend who can provide u an correct guidance on this  issue.

Kindly contact sunil : 9769405139

An unpaid seller of  goods  has a lien on them untill owner / buyer pays the price under section 47 of the Sales Of Goods Act.

Dear Mr Ajit Cheema, I agree unpaid goods seller has lien, but how dow we enforce it. Since, the goods are in Indian customs, can we seek customs help on not releasing the 4.14 MT to buyer? or what can be our options.

And I thank everyone of their valuable inputs.

Arvind Patil

option1: you can approach to the competant authority with an application for returning the goods under sales of goods act and custom act also.

option2: yo can approach to court of law for proper direction under custom act and contract act