9911796707
TMI Blog2020 (10) TMI 643X X X X Extracts X X X X X X X X Extracts X X X X ..... uthority of India, Chennai, cannot arise. Such payment can be made, if, only after such reconsideration on remand, the concerned Commissioner again passes a fresh order and sustains the order against the Appellant. The said order obviously has to be passed after giving due and reasonable opportunity of hearing to the Appellant to ascertain as to whether reasons for delay in issuing the permission for transshipment was on account of fault of the officials at the Chennai Airport during the relevant period or on account of any fault of the Appellant, the custodian of the goods at the relevant point of time. The learned Commissioner is directed to decide the issue once again, as directed by the learned Single Judge, as expeditiously as poss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner may therefore establish before the 1st respondent that there was total or near total disruption of work due to alleged arrest of the customs officers and therefore, there was delay in receiving and processing of transshipment application and therefore the petitioner is entitled to compensation. 89. The 1st respondent also will have all the official information and details on this aspect. I am therefore inclined to remit the case back to the 1st respondent to pass appropriate orders after taking all the factors into account. The petitioner may independently substantiate the allegations before the 1st respondent with necessary documents. 90. The 1st respondent may clearly state whether indeed any of its officers statione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the Airport at Trivandum in bonded trucks, where the goods will be cleared in favour of the importers. The Appellant being the custodian of goods till the goods are cleared by the Custom Authorities, had to apply for such transshipment to the Custom Authorities at Chennai. But on account of certain issues like arrest of some officials of the Customs Department at Chennai in some criminal matter, office staff were not available at Chennai Airport to receive these applications and process the same. Therefore, delay occurred in allowing transshipment, running from 4 days to 28 days. He therefore submitted that for reasons beyond the control of the Appellant, such delay had occurred and therefore, the Custom Authorities ought to have verified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons for delay in issuing the permission for transshipment was on account of fault of the officials at the Chennai Airport during the relevant period or on account of any fault of the Appellant, the custodian of the goods at the relevant point of time. Therefore, with this slight modification of paragraph 91 of the order of the learned Single Judge to the extent that the petitioner shall not be required to pay Demurrages in favour of respondents 3 and 4, for the time being, till the learned Commissioner re-decides the said issue in pursuance of the remand order passed by the learned Single Judge, we dispose of the present Writ Appeal. We expect the learned Commissioner to decide the issue once again, as directed by the learned Single Judge, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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