TMI Blog2010 (12) TMI 350X X X X Extracts X X X X X X X X Extracts X X X X ..... ustoms Authorities - Containers remained idle in the port premises for considerably long time and beyond statutory period permitted for clearance - It was open for the Kandla Port Trust to recover demurrage charges - Fact that the petitioner could not clear the goods on account of detention by the Customs Authorities would not change the situation - If at all, the petitioner was of the opinion tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1997. Such containers were, however, admittedly cleared on 9th July, 1997. Kandla Port Authorities, therefore, demanded demurrage charges from the petitioner since the containers were not cleared within the statutory period. 3. Case of the petitioner is that the Customs Authorities had detained the goods for carrying out inspection. However, eventually, nothing irregular was found. Goods were re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (S.C.) to contend that demurrage charges cannot be waived. 5. It is not in dispute that containers remained idle in the port premises for considerably long time and beyond statutory period permitted for clearance. In that view of the matter, in view of the decisions of the Apex Court noted above, it was open for the Kandla Port Trust to recover demurrage charges. Fact that the petitioner could n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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