2020 (10) TMI 550 - HC - Customs

Waiver of charges in accordance with the existing policy of Container Corporation of India Limited. - HELD THAT - The petitioner undertakes that the aforesaid balance amount along with any additional demurrage shall be paid within four weeks. He craves leave and liberty to file an application (after making the aforesaid payment) with respondent no.2-Container Corporation of India Limited for waiver of charges in accordance with the existing policy of Container Corporation of India Limited. - The aforesaid undertaking and statement is accepted by this Court and the petitioner is held bound by the same. The petitioner is also given liberty to file an application for waiver and the same shall be decided by the Container Corporation of India Limited in accordance with law. 6. In the event of breach of the aforesaid undertaking, respondent no.2Container Corporation of India Limited shall be at liberty to auction the nine containers of the petitioner forthwith. Petition disposed off.

Summary

Issues:
1. Payment of outstanding amount by the petitioner to respondent no.2.
2. Undertaking by the petitioner to pay the balance amount and any additional demurrage.
3. Liberty granted to file an application for waiver of charges.
4. Consequences of breaching the undertaking.
5. Disposal of the writ petition with pending application.

Analysis:
The judgment delivered by the Delhi High Court, with Hon'ble Mr. Justice Manmohan and Hon'ble Mr. Justice Sanjeev Narula, primarily revolves around the payment dispute between the petitioner and respondent no.2, Container Corporation of India Limited. The petitioner had paid ?100,22,920/- on 30th September, 2020, towards the outstanding amount as per the court's order dated 28th September, 2020. Respondent no.2 confirmed the receipt of this payment and stated that the remaining balance due from the petitioner is ?1,16,15,920/-. Additionally, nine examination job orders were issued to the petitioner on the same day. The petitioner's senior counsel assured the court that the balance amount, along with any extra demurrage, would be settled within four weeks. The petitioner sought permission to request a waiver of charges from respondent no.2, which was accepted by the court. The petitioner was granted liberty to file an application for waiver, subject to the decision of Container Corporation of India Limited in accordance with the law.

Furthermore, the judgment outlined the consequences of breaching the undertaking provided by the petitioner. In case of non-compliance, respondent no.2, Container Corporation of India Limited, was given the liberty to auction the nine containers of the petitioner immediately. The court disposed of the present writ petition along with any pending application, subject to the conditions mentioned in the judgment. It was emphasized that the order passed in this writ petition is subject to the order issued in W.P.(C) No.13099/2018. Finally, the court directed the immediate uploading of the order on the website and the forwarding of a copy to the respective counsel via email.