9911796707
TMI Blog2021 (8) TMI 253X X X X Extracts X X X X X X X X Extracts X X X X ..... 14 as demurrage charges for the clearance of Ammonium Sulphate in Bulk covered under the vessel M.V. Kenanga for the period 26.07.2014 to 05.08.2014 in respect of Import Application No. IA/14/1399 dated 12.07.2014. 2. The petitioner is a company incorporated under the Companies Act as a Joint Sector Company under the administrative control of the Department of Fertilizers, Government of India, with National and State Cooperative Federation and Public Sector Undertaking holding more than 90% of the equity in the petitioner company. 3. The grievances, in short, as put forth by the learned Senior Counsel appearing on behalf of the petitioner is that, the petitioner imported Ammonium Sulphate to be supplied to various parts of several states ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... legal action is also taken under Section 7 of Essential Commodities Act, 1955." 4. Relying on the said letter, the goods imported i.e., Ammonium Sulphate in bulk were released by the Customs authorities. Thereafter, the 1st respondent/Chennai Port Trust claimed demurrage charges. In view of the fact that Ammonium Sulphate in bulk were detained by the Customs Authorities and kept under the custody of the 1st respondent/Chennai Port Trust, the demurrage charges of Rs. 25,85,403/- was imposed. 5. The learned Senior Counsel for the petitioner contended that the entire demurrage charges, as demanded, was deposited in order to clear the Ammonium Sulphate in bulk covered under the vessel M.V. Kenanga and thereafter, they have raised a dispute w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he fact that the petitioner has not produced any such certificate and as per the rules, they have imposed the demurrage charges and therefore, there is no infirmity in respect of claiming of the demurrage charges from the petitioner. 8. This Court is of the considered opinion that the goods were admittedly detained by the Customs Authorities and were lying in the Chennai Port Trust. The Customs Authorities had sent a letter to the Ministry of Agriculture to issue necessary clarifications with reference to the production of certificate from the Regional Fertilizer Control Laboratory (RFCL) and the said clarifications were issued by the Ministry of Agriculture in proceedings No.17-1/2014-CFTI, dated 01.08.2014, to the Commissioner of Customs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... les. In these circumstances, in the interest of justice, this Court is of the opinion that the petitioner need not be penalised and they have not committed any fault or irregularity at any point of time and the procedural delays should not affect the rights of an importer and therefore, this Court is inclined to consider this writ petition. 11. Accordingly, the respondents 1 and 2 are directed to refund a sum or Rs. 25,85,403/- paid by the petitioner on 05.08.2014 as demurrage charges for clearance of Ammonium Sulphate in bulk covered under the vessel M.V. Kenanga for the period of 26.07.2014 to 05.08.2014 in respect of Import Application No. IA/14/1399 dated 12.07.2014, within a period of eight(8) weeks from the date of receipt of a copy ..... X X X X Extracts X X X X X X X X Extracts X X X X
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