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2010 (4) TMI 455 - HC - CustomsDemurrage Charges - This petition filed under Article 226 of the Constitution of India is directed against the act of refusing to grant remission of demurrage charges of 80% of first 150 days and 50% beyond 150 days by the 1st respondent in violation of their own guidelines which provide for such remission when the detention of the goods by the Custom is for bona fide operations and ITC facilities. Held that- guidelines for remission provide that detention certificate must be for bonafide ITC formalities, petitioner failed to establish this requirement. Port trust to apply goods passed and petitioner not having any locus to claim remission. Case not a special case for section 53. No case of arbitrariness or perversity. Port Trust’s view that remission not available upheld.
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