9911796707
TMI Blog2024 (7) TMI 1470X X X X Extracts X X X X X X X X Extracts X X X X ..... A JAIN, JJ. For the Petitioner : Mr. Prathamesh Kamat a/w Mr. Malhar Zatakia, Mr. Shiv Iyer, Ms. Ankita Sen and Ms. Aditi Maheshwari i/by Renata Partners. For the Respondent : Mr. Jitendra Mishra a/w Mr. Rupesh Dubey nos. 1 & 2 in WP/2914/2021 and WP/2952/2021 and for respondent nos. 1 to 3 in WP/3081/2021 and WP/2938/2021. P.C. : 1. Respondent no.3 in WP/2914/2021 and WP/2952/2021 & Respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Writ Petition No. 2952 of 2020) and 11 of 2020 dated 17th January 2020 (in Writ Petition No. 2938 of 2021 and Writ Petition No. 3081 of 2021) issued by the Commissioner of Customs (NS-II), Jawaharlal Nehru Custom House, by which certain directions regarding payment of 'Terminal Handling Charges' (THC) levied by Port Terminals has been issued. All terminals/ports were also directed to implement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the Impugned Public Notices No. 14 of 2020 dated 28th January 2020 (in Writ Petition No. 2914 of 2020 and Writ Petition No. 2952 of 2020) and 11 of 2020 dated 17th January 2020 (in Writ Petition No. 2938 of 2021 and Writ Petition No.3081 of 2021) being read subject to the contracts between the Shipping lines and exporter/importer. This is on account of paragraph No.24 of the affidavit in reply a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y and are not concerned with contracts (such as CY/CY, LILO, FIFO), are contrary to the stand take by the notice issuing respondents as set out above. Therefore, the said communications dated 15th February 2020, 27th February 2020 and 28th February 2020 are liable to be and are hereby set aside. (c) The judgments of both the Hon'ble Madras High Court in MSC Mediterranean Shipping Company S.A. V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may raise this issue in some other matters at appropriate stage. (d) Keeping open the rights of petitioners to challenge the authority of Customs Department to issue such public notices, we dispose the above petitions with clarification that the said public notices do not interfere with private contracts that the shipping lines have with the importers and exporters. Shipping lines are free to en ..... X X X X Extracts X X X X X X X X Extracts X X X X
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