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2009 (3) TMI 396 - HC - CustomsLiability of importer to pay demurrage charges - the importer/consignee of goods cannot avoid liability to pay demurrage charges to the warehousing/port or airport authorities even though the goods may have been illegally detained in the Customs Area/Bonded Warehouse by the Customs authority. There cannot be an invariable assumption of customs’ departments - in this case, DRI’s liability to pay such demurrage or charges, in every case where the detained goods are eventually cleared, upon the importer succeeding. The contentions of the respondents have, therefore, to be upheld in so far as the liability of the petitioner to pay demurrage charges are concerned for the period up to adjudication process, the petitioner can have no cause of action. - The court is also of the opinion that having agitated the same issue, in the previous proceeding, and being aware that full waiver is not permissible, the writ petitioner could not have approached the court again, having withdrawn the previous petition, on the same cause of action. Besides, the petitioner has neither attacked any policy on which waiver is granted or refused; not does it voice a grievance based on mala fides. For these reasons, the reliefs claimed by it cannot be granted. - The writ petitions have to, for the above reasons fail; they are accordingly dismissed,
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