TMI Blog2018 (1) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... es, the demurrage has to be collected by the Port Trust only from the consignee and not from the steamer agents. The respondents were justified in claiming the demurrage charges from the petitioner Company and the petitioner Company is liable to pay the said demurrage charges till the goods were released from the ICD - petition dismissed. - Writ Petition No. 11586 of 2014 - - - Dated:- 9-8-2017 - S.K. Seth and Anjuli Palo, JJ. Shri Preetam Jaiswal with Shreyash Pandit, Advocates, for the Petitioner. Shri Gautam Prasad, Manoj Sharma with Deepak Kumar Raghuwanshi, Advocates, for the Respondent. ORDER [Order per : S.K. Seth, J.]. - Is the Petitioner Company liable to pay the demurrage charges to ICD for the consignme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heard the rival submissions and considering the material available on record, it is clear before the duty could be assessed and paid for clearance of goods, matter was taken up for examination and goods were detained. By the order, dated 12-10-2011 and order, dated 16-12-2011 petitioner company was called upon to furnish the Bond and Bank Guarantee for provisional release of consignments, but petitioner challenged same by filing Writ Petition No. 378 of 2012 in this Court. The said Writ Petition was decided by order, dated 10-5-2012 and respondents were directed to reconsider the matter and pass order after hearing the petitioner. 6. Petitioner was heard for clearance of consignments on 21-5-2012 and an order was passed on 20-6-2012. Ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the show cause notice in the garb of questioning its liability to pay demurrage charges. We do not wish to say anything about the show cause notice as the matter is sub-judis before the custom authorities for adjudication. 8. The question regarding liability to pay the demurrage charges, in the considered opinion of the Court, is no longer res integra in view of decision in the Case of Trustees of the Port of Madras v. K.P.V. Sheikh Mohd. Rowther Co. Pvt. Ltd. and another (1997) 10 SCC 285 = 1996 (82) E.L.T. 174 (S.C.), wherein it has been held by the Supreme Court that once consignment is handed over to the Port Trust by the steamer agents, duly endorsing the bill of lading or issuing the delivery order but the goods detained at Port ..... X X X X Extracts X X X X X X X X Extracts X X X X
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