9911796707
TMI Blog2014 (4) TMI 981X X X X Extracts X X X X X X X X Extracts X X X X ..... Singh and Ashwani Talwar, Advocates, for the Respondent. ORDER The petitioner prays for issuance of writ of certiorari quashing order dated 4-5-2012 (Annexure P-9) and 23-5-2012 (Annexure P-10) and for refund of demurrage charges recovered from the petitioner by respondents No. 3 and 4, at the time of release of his goods. 2. Counsel for the petitioner relies upon Regulation 6(1) of Handli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner. 4. Counsel for respondents No. 3 and 4 submits that as goods were seized on 15-1-2008 prior to notification of the Regulation, and controversy in the present case is squarely covered against the petitioner by a Division Bench judgment of this Court in "CWP No. 1825 of 2011 decided on 13-5-2013, M/s. Dewan Steel Industries v. Union of India and Others". 5. We have heard coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not to charge any rent or demurrage on the goods detained by the Customs Department. But the Customs Department was required to pay the rent to the Custodian after the ownership of the goods vested in the Revenue after confiscation. Such provision though is between the Custodian and the Revenue; still it does not absolve the petitioner to pay the demurrage charges. The payment of demurrage charge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o determine the relationship between the service provider and the Revenue and not in respect of services availed by the importer. In view of the precedents of the Supreme Court in International Airports Authority of India etc. v. M/s. Grand Slam International & Ors. etc. (1995) 3 SCC 151 = 1995 (77) E.L.T. 753 (S.C.) and Trustees of Port of Madras v. Nagavedu Lungi & Co. & Others (1995) 3 SCC 730 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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