Home Case Index All Cases Customs Customs + HC Customs - 2018 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (1) TMI 32 - HC - CustomsDemurrage charges - Is the Petitioner Company liable to pay the demurrage charges to ICD for the consignments not cleared by custom authorities? - Held that: - the issue is no longer res integra and is decided in the case of Trustees of the Port of Madras v. K.P.V. Sheikh Mohd. Rowther & Co. Pvt. Ltd. and another [1995 (3) TMI 105 - SUPREME COURT OF INDIA], wherein it has been held by the Supreme Court that once consignment is handed over to the Port Trust by the steamer agents, duly endorsing the bill of lading or issuing the delivery order but the goods detained at Port Trust for want of clearance from Customs authorities, the demurrage has to be collected by the Port Trust only from the consignee and not from the steamer agents. The respondents were justified in claiming the demurrage charges from the petitioner Company and the petitioner Company is liable to pay the said demurrage charges till the goods were released from the ICD - petition dismissed.
|