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TMI Blog2023 (5) TMI 675X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of detention and demurage charges - HELD THAT:- The stand of respondents no.3 and 4 could not be impediment in releasing the goods. The claim of detention and demurrage charges by the said private parties could be enforced by them by taking recourse to civil remedies in accordance with law, as may be permissible. However, the Court shall not express any opinion in that regard. Hence, without going into further factual details and merits of the case, the respondents are hereby directed to release the goods which are under their custody within two weeks from the date of receipt of this order - Even as the prayers other than release of goods are not pressed by the learned advocate for the petitioner, they could not have been granted b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... B. Your Lordships may be pleased to issue a writ of certiorari or Mandamus or writ in the nature of Certiorari or mandamus or any other appropriate Writ, order or direction to Respondent no.1 to initiate action against Respondent NO.3 and Respondent No.4 in terms of Sea Cargo manifest Regulation 2018 in view of non-compliance of waiver dated 07.10.2022 and 20.09.2022 Annexure-A (colly.). C. Your Lordships may be pleased to issue a writ of certiorari or Mandamus or writ in the nature of Certiorari or Mandamus or any other appropriate Writ, order or direction to the Respondent no.4 to waive off the detention charges if any, in view of Regulation 6(i) ((l) of the Handling of Cargo in Customs Area Regulations, 2009; D. Pending adm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... compliance of the provisions of Customs Act, 1962. 6. Respondent No.3 was vide email dated 27.09.2022 directed to release the containers and waive off the detention and demurrage charges. However, respondent No.3 did not waive detention charges and sent an invoice dated 22.09.2022 for an amount of Rs.7,78,232/- to the petitioner. Upon receipt of the said invoice, petitioner requested the Deputy Commissioner, Special Investigation and Intelligence Branch to look into the matter vide communication dated 23.09.2022. Upon the said request, the Deputy Commissioner, Special Investigation and Intelligence Branch sent a letter to respondent No.3 to waive detention charges in view of Section 10(1)(l) of the Sea Cargo Manifest and Trans Shipment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd of the Custom authorities in favour of the petitioners as above, the goods are not released because of the insistence of the respondents no.3 and 4-private parties, for payment of detention and demurage charges. 9. Learned advocate for respondent Nos.1 and 2 has also drawn the attention of this Court by referring the affidavit-in-reply filed in the present case, wherein respondent Nos.1 and 2 have in paragraph-8 categorically submitted that upon receipt of the representation dated 23.09.2022 from the petitioner, respondent No.2 vide letter dated 17.10.2022 drawn the attention of respondent No.3 towards the aforesaid regulation 10(1)(l) of the Sea Cargo Manifest and Trans Shipment Regulations, 2018 and informed that the charging of det ..... X X X X Extracts X X X X X X X X Extracts X X X X
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