2018 (10) TMI 1576

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..... under Article 226 of the Constitution of India, seeks the following prayer: "this Hon'ble Court be pleased to issue writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India, ordering and directing the Respondent No.2, their subordinate servants and agents to forthwith reimburse the demurrage and deten .....

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..... der dated 14th May, 2013, the Tribunal upheld the Petitioner's contention in respect of the correct transactional value being one declared by it. In spite of the above, it is submitted that the Respondent took over three months before allowing the release of the goods as it was in the process of filing an appeal to the Supreme Court. It is this delay which resulted in the Petitioner having to .....

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..... v/s. Shri Lakshmi Steels and Others 2017 SCC Online SC 818 to contend that although it is held in the above case, that even if the importer is not at fault, it would still be the importer who would be liable to pay demurrage charges, unless the conduct of the Officers of the Revenue, is malafide.   4. We are of the view that the mere fact that the Respondent do not release the goods as they .....

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