TMI Blog2010 (12) TMI 350X X X X Extracts X X X X X X X X Extracts X X X X ..... enged the demand notices issued by respondent No. 1 - Kandla Port Trust seeking recovery of demurrage charges for the containers which remained in the premises of the Kandla Port since the petitioner could not clear the goods on auction of inspection being carried out by the Customs Authorities. 2. The containers had arrived starting from 1st January, 1997. Such containers were, however, adm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urrage charges for the reasons stated above. He relied on the several decision of the Apex Court in cases of, (1) of Union of India & Ors. v. R.C. Fabrics (P) Ltd. and Another reported in AIR 2002 SC 191 = 2002 (139) E.L.T. 12 (S.C.) and (2) Sun Export Corporation and Another v. Board of Trustees of the Port of Bombay reported in AIR 1998 SC 92 = 1997 (96) E.L.T. 3 (S.C.) to contend that demurrage ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er submitted that Kandla Port Trust have not supplied calculations for recovery of Rs. 10 Lacs from running account. 7. Under the circumstances, while disposing of this petition, respondent No.1- Kandla Port Trust are directed to supply calculation for computation of such charges from the petitioner within 2 weeks from today. If the petitioner has any grievance about such calculation, it wou ..... X X X X Extracts X X X X X X X X Extracts X X X X
|