2017 (6) TMI 1366 - HC - Customs

Seeking waiver of demurrage during the detention period of the goods - grievance of the petitioner before this Court is that the full waiver of demurrage for the consignment under the Bill Entry Nos. 8088486, 8082686, 8083074 8082580, dated 23.01.2015 was not granted, even though the petitioner is entitled for the same - HELD THAT - This Court, at this stage, is not expressing any view on the claim made by the petitioner, as it is for the respondents, more particularly the third respondent to consider and decide on such claim. As the present writ petition is filed with limited prayer seeking for the disposal of the representation dated 05.05.2017 by the third respondent, without expressing any view on the merits of the matter, this writ petition is disposed of, only with a direction to the third respondent to consider the said representation of the petitioner and pass orders on the same on its own merits and in accordance with law, after hearing the petitioner as well, within a period of three weeks from the date of receipt of a copy of this order. Petition disposed off.

Summary

Issues involved:
- Petition for Mandamus to direct consideration of representation seeking waiver of demurrage during detention period of goods.

Analysis:
The petitioner filed a writ petition seeking a Mandamus to direct the third respondent to consider their representation dated 05.05.2017, requesting a waiver of demurrage for the detention period of goods. The petitioner contended that full waiver of demurrage for specific consignments was not granted, despite being entitled to it. The Court refrained from expressing any opinion on the claim made by the petitioner, emphasizing that it is the responsibility of the respondents, particularly the third respondent, to evaluate and decide on the claim. The Court clarified that the writ petition was filed with a limited prayer solely for the disposal of the representation dated 05.05.2017. Consequently, the Court disposed of the petition with a direction to the third respondent to consider the petitioner's representation and make a decision based on its merits and in accordance with the law. The third respondent was instructed to hear the petitioner and issue orders within three weeks from the receipt of the court's order. The judgment concluded by stating that no costs were to be incurred, and the connected miscellaneous petition was closed.