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2014 (12) TMI 229 - HC - CustomsPayment of ground rent paid - Detention of cargo - clearance of the container - payment of demurrage charges - Held that:- The position that emerges on the facts in this case is the Port Authority should have sold the goods within two months from 12th February, 1996 being the date of the said earlier order wherein the submissions made on behalf of the Customs were recorded, that their detention of the goods had been set aside by this Court upon being challenged. The Port Authority having had collected demurrage charges from the petitioners by debiting their marine account till then, had two months therefrom to sell the goods or in any event cause the 78 containers to be released thereafter. At least it was not brought to the notice of this Court that any sum on account of demurrage charges was outstanding as had not been debited to the petitioners’ marine account for the period prior to filing of the writ petition. The period beyond in which the goods were kept in the containers requiring them to be detained was at the instance of the Port Authority when it had no lien and demurrage charges for that period cannot be fastened on the petitioners. The petitioners having admitted their liability to pay de-stuffing charges to the tune of ₹ 6,84,849.80/- on account of cost of de-stuffing 78 containers in terms of the said order dated 4th December, 1996, there will be a direction upon the learned Advocate on record of the petitioners to pay the said sum to the Port Authority along with demurrage charges payable in respect of 78 containers for a period of two months commencing on and after 12th February, 1996, at the relevant prescribed rate out of the proceeds of the short term fixed deposit kept renewed from time to time which the said learned Advocate on record will encash- Petition disposed of.
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