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Issues:
1. Interpretation of rules governing demurrage and detention certificates for imported goods. 2. Claim against Bombay Port Trust for release of goods without demurrage. 3. Application for withdrawal of petition against Bombay Port Trust. Analysis: Issue 1: Interpretation of rules governing demurrage and detention certificates for imported goods. The petitioners, engaged in importing rubber plasticizers, faced a situation where Customs authorities questioned the validity of their import due to a licensing issue. The petitioners agreed to await the decision in a similar case involving another importer. Subsequently, the goods were released after an appeal by the other importer was decided in their favor. The petitioners sought a writ of mandamus against Customs authorities for a longer detention certificate period and relief from demurrage charges. The court, considering a Supreme Court decision, held that while Customs could grant longer detention certificates, the relief from demurrage by the Port Trust was limited to 150 days as per their resolutions. The court dismissed the petition, stating that such academic questions were not to be decided in a writ petition under Article 226 of the Constitution. Issue 2: Claim against Bombay Port Trust for release of goods without demurrage. The petitioners relied on a Supreme Court decision to argue that the Port Trust should grant complete remission of demurrage if goods were detained for special examination not due to importer's fault. The petitioners contended that the Port Trust should provide complete remission for the entire detention period certified by Customs authorities. However, the court clarified that the exemption from demurrage due to special examination only applied to the time taken for examination plus two working days. The court noted that the Port Trust would need to ascertain the specific periods for examination and other processes. Ultimately, the court determined that the petitioners were entitled to remission for one day of examination plus two working days in addition to the standard 150-day demurrage concession. Issue 3: Application for withdrawal of petition against Bombay Port Trust. The petitioners sought to withdraw the claim against the Bombay Port Trust and proceed against other respondents. However, the court rejected the application as belated, having already issued a judgment on the matter. The court had considered the arguments and made a decision, declining the request for withdrawal at that stage. In conclusion, the High Court of Bombay dismissed the petition regarding the interpretation of rules governing demurrage and detention certificates for imported goods, clarified the entitlement to demurrage remission from the Port Trust, and rejected the application for withdrawal of the claim against the Bombay Port Trust.
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