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2010 (12) TMI 350 - GUJARAT HIGH COURTRecovery of demurrage charges - The petitioner seeking recovery of demurrage charges for the containers which remained in the premises of the Kandla Port since the petitioner could not clear the goods on auction of inspection being carried out by the Customs Authorities - Containers remained idle in the port premises for considerably long time and beyond statutory period permitted for clearance - It was open for the Kandla Port Trust to recover demurrage charges - Fact that the petitioner could not clear the goods on account of detention by the Customs Authorities would not change the situation - If at all, the petitioner was of the opinion that such detention was unauthorized, illegal or frivolous it can proceeded against the Customs Authorities - Kandla Port Trust cannot be asked to waive their charges for delayed clearance of the goods - Hence, petition is disposed of.
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