TMI Blog2018 (1) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... that: - the petitioner approached this Court by way of filing this writ petition on 10-7-2017 and subsequently, the matter was adjourned at the instance of the respondents to get proper instructions from their clients. Therefore, till the cargo is released, the demurrage charges have to be waived. Thus, there will be a direction to the respondents 5 and 6 to waive the demurrage charges/detention c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... murrage and container detention charges in terms of Regulation 6(1)(I) of the Handling of Cargo in Customs Areas Regulations. It is seen that the Preventive Officer of the Chennai Customs in a letter addressed to the sixth respondent with a copy marked to the fifth respondent, has clearly endorsed that the goods may be released and the detention charges of the containers since 25-3-2017 to 7-7-201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt to him wherein a reference has been made to the letter dated 26-7-2017 addressed to the sixth respondent by the Superintendent of Customs, Commissionerate No. 6. The said communication is in fact something akin to a show cause notice calling upon the sixth respondent to explain as to why the demurrage charges are being demanded from the petitioner in spite of the office letter dated 23-5-2017, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of the respondents to get proper instructions from their clients. Therefore, till the cargo is released, the demurrage charges have to be waived. Thus, there will be a direction to the respondents 5 and 6 to waive the demurrage charges/detention charges of the said container from 23-5-2017 till the date it is released. Pursuant to the order passed by this Court, the container shall be released ..... X X X X Extracts X X X X X X X X Extracts X X X X
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