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2010 (2) TMI 409 - HC - CustomsWarehousing- Demurrage Charges- Petition seeking quashing of letters demanding 50% of demurrage charges and computation thereof. High Court order as corrected by order 20.12.2005 to be the basis for storage charges. High Court order passed in 2005 attained finality as SLP dismiissed by Supreme Court and not open to respondent to deviate. Held that- petitioner not liable to pay storage charges for period covered by detention certificate. Letter by respondent dated 29.11.2007 seeking payment of charges by 30.11.2007 while such letter itself dispatched on 3.12.2007. Letter granting 50% waiver cannot be rescinded. Prevailing rates at relevant place not applied contrary to own circulars. Delay in complying with court direction not satisfactorily explained and inaction of respondent caused severe prejudice. Calculation of respondent upheld. Consignment directed to be released. Petition allowed.
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