9911796707
TMI Blog2023 (1) TMI 699X X X X Extracts X X X X X X X X Extracts X X X X ..... direction or order directing learned Respondents to release the consignment imported under B/E No. 4995142 dated 10.08.2021 and 5030730 dated 12/08/2021. b. Issue a Writ of Mandamus or any other appropriate Writ, direction or Order directing learned Respondents to either pay themselves or to waive the payment of demurrage detention and any other charges. c. Issue Rule Nisi in terms of prayers at (a) and (b) above and confirm the same after hearing the parties; d. Pass ad-interim ex-parte order in terms of prayer at (a) and above; e. Award cost of this Petition;" 2. 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 Americ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its that even if it is to be presumed that the goods were put on hold by exercising power under Section 110 of the Act, the same cannot be for an infinite period and are subject to adjudication. The goods can be ordered to be provisionally released on an application by the importer under Section 110A of the Act. 8. During the pendency of the present petition, this Court, in its order dated 01.06.2022, had noted that the Respondent No. 3 had placed before the Court, the seizure order passed on 09.02.2022 and the notice thereof to the petitioner by a letter dated 11.02.2022. 9. Learned Counsel for the respondent submits that the detailed investigation has been carried out and it is found that no business activities are being carried out by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent to either pay or waive the payment of demurrage during the time the goods were put on hold, is concerned the respondent relied upon the judgment passed by the Hon'ble Apex Court in Mumbai Port Trust v. Shri Lakshmi Steels & Ors.; (2018) 14 SCC 317, which, in somewhat similar circumstances, held as under: "49. We are, therefore, clearly of the view that even though there may be some delay on the part of DRI and the Customs Authorities, the respondent importers have also been guilty of delaying the matter and, therefore, they cannot claim that they are not liable to pay demurrage and detention charges. We may, however, clarify that the respondent importers are free to approach the Mumbai Port Trust in terms of Section 53 of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X
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