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2017 (8) TMI 1462 - SC - CustomsLiability to pay demurrage charges - whether relief of non-payment of charges should have been restricted till 15-1-2015? - Held that:- The proceedings were pending before the High Court from 15-1-2015 till 14-10-2015. It is during the pendency of these proceedings and in the absence of any interim order passed by the High Court allowing the appellant to clear the goods, it was not possible for the appellant to clear those goods. In these circumstances, we are of the opinion that the High Court should have held that no charges towards any rent or demurrage are payable till the date of the judgment of the High Court instead of 15-1-2015. The ends of justice would be subserved by directing that no demurrage charges or rent is payable on the aforesaid goods by the appellant to respondent No. 4. At the same time, respondent No. 4 would be entitled to auction those goods and whatever money is received as a result of that auction, can be appropriated by respondent No. 4. Appeal disposed off.
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