TMI Blog2010 (8) TMI 347X X X X Extracts X X X X X X X X Extracts X X X X ..... es, but this cannot be a ground by itself to waive demurrage charges payable under a contract to a warehouse - relationship between importer and the warehouse was governed by the contract, which is not nullified merely by issuance of detention certificate by the customs authorities - customs authorities had no jurisdiction to compel a warehouse not to charge demurrage charges. - Airport Authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arehousing Corporation and M/s. Samrat Shipping Co. (P) Ltd., respondents No. 4 and 5, to waive the demurrage charges or for direction to pay to the petitioner a sum of Rs. 2,09,704/-, recovered from the petitioner by respondents No. 4 and 5. 2. Case of the petitioner is that it had import licence and it imported Polyester Fibre Prime Commercial Quality and Synthetic Waste Polyester. The said go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eclared to be synthetic waste, later, the declaration was changed to polyester waste. The earlier declaration not being covered under notification dated20-3-1990, the matter had to be referred for clarification after declaration of the petitioner that the goods were polyester tow waste. After clarification, the goods were cleared. Though the detention certificate was issued, the same did not autom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ract to a warehouse. The matter was examined by the Hon ble Supreme Court in several judgments including in International Airport Authority v. Grand Slam International - AIR 1995 SC 1802 = 1995 (77) E.L.T. 753 (S.C.) and Trustees of Port of Madras v. K.P.V. Sheikh Mohd. Rowther Co. P. Ltd. - AIR 1995 SC 1922 = 1996 (82) E.L.T. 174 (S.C.) and it was held that relationship between importer and the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
