2023 (8) TMI 781 - BOMBAY HIGH COURT

Examination process of the samples by the laboratory - HELD THAT:- The consignment of the petitioner has got stuck on issues concerning the laboratory clearance. If this was the fate of the goods to be imported, the Petitioner would have certainly had a second thought to import such cargo. It would be not out of place to observe that a bonafide businessman is not interested in litigation, and more particularly, on such issues.

The Mumbai Port Authority has addressed a letter dated 11th May 2023 to the Petitioner setting out the storage/demurrage charges. As seen from the said letter, the Petitioner is required to pay the balance amount of Rs,3,63,75,668/- upto 7th June 2023 - as soyabean cargo is now the subject matter of clearance which is lying with the Mumbai Port Authority, and as there is no issue in regard to the clearance of the Pigeon peas, such goods need to be permitted to be cleared.

The Pigeon peas be permitted to be cleared by the Mumbai Port Trust for which the petitioner shall pay storage / demurrage charges proportionate to the quantity of the Pigeon peas being cleared. The petitioner shall accordingly make payment of such charges to the Mumbai Port Trust, which shall be without prejudice to the rights and contentions of the parties.

Stand over to 3rd July 2023. High on Board.