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2023 (1) TMI 699 - HC - CustomsSeeking release of imported consignment - payment of demurrage detention and any other charges - It is contended on behalf of the petitioner that the consignment comprising of “Knotted Woollen Carpets” was imported by the petitioners from the United States of America on 10.08.2021 - HELD THAT:- It is not in dispute that the seizure order now stands passed on 09.02.2022. As pointed out by the parties, the request for provisional release of the consignment was also considered and an order dated 20.09.2022, has already been passed, thereby, provisionally releasing the consignment. Whether the goods are required to be confiscated pursuant to the order of seizure or any other action required to be taken will be decided on adjudication of the Show Cause Notice. Seeking direction against the respondent to either pay or waive the payment of demurrage during the time the goods were put on hold - HELD THAT:- The respondent relied upon the judgment passed by the Hon’ble Apex Court in MUMBAI PORT TRUST VERSUS M/S. SHRI LAKSHMI STEELS AND ORS. ETC. [2017 (7) TMI 977 - SUPREME COURT] which, in somewhat similar circumstances, held that the High Court could not in writ proceedings have directed DRI/Customs to pay the detention charges to the shipping line since these were to be paid on the basis of a contract between the respondent importers and the shipping line. In the present case also, prima facie, the petitioner has not responded to the various letters and summons issued by the respondent. Therefore, it cannot be said on the basis of the record available in the present proceedings that the respondents were solely responsible for the delay caused. Therefore, no orders can be passed directing the concerned respondent to pay the demurrage charges, as prayed. Petition disposed off.
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