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2010 (8) TMI 347 - HC - CustomsDemurrage charges – clearance disallowed where the goods are prohibited goods where duty due was not paid - warehouse not under an obligation to waive charges, liable under a contract - wrongful action of delaying clearance of goods, the customs department may be liable for damages, but this cannot be a ground by itself to waive demurrage charges payable under a contract to a warehouse - relationship between importer and the warehouse was governed by the contract, which is not nullified merely by issuance of detention certificate by the customs authorities - customs authorities had no jurisdiction to compel a warehouse not to charge demurrage charges. - Airport Authority v. Grand Slam International - (1995 -TMI - 44028 - SUPREME COURT OF INDIA), Trustees of Port of Madras v. K.P.V. Sheikh Mohd. Rowther & Co. P. Ltd. - (1995 -TMI - 44195 - SUPREME COURT OF INDIA) and Shipping Corporation of India Ltd. v. C.L. Jain Woolen Mills - (2001 -TMI - 45892 - SUPREME COURT)
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