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TMI Blog2023 (8) TMI 781X X X X Extracts X X X X X X X X Extracts X X X X ..... murrage charges. As seen from the said letter, the Petitioner is required to pay the balance amount of Rs,3,63,75,668/- upto 7th June 2023 - as soyabean cargo is now the subject matter of clearance which is lying with the Mumbai Port Authority, and as there is no issue in regard to the clearance of the Pigeon peas, such goods need to be permitted to be cleared. The Pigeon peas be permitted to be cleared by the Mumbai Port Trust for which the petitioner shall pay storage / demurrage charges proportionate to the quantity of the Pigeon peas being cleared. The petitioner shall accordingly make payment of such charges to the Mumbai Port Trust, which shall be without prejudice to the rights and contentions of the parties. Stand over to 3rd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... incurring demurrage. Further when the goods are of a perishable nature and edible, different problems would arise. The goods like in the present case being a soyabean consignment certainly is adversely affected which is likely to frustrate the import. Mr. Nankani, Senior Counsel for the Petitioner, on instructions, states that large part of the cargo is likely to have become non-consumable and would be required to be destroyed. If what Mr. Nankani states is correct, this is a sorry state of affairs and certainly not conducive to an effective trade. In such circumstances, in the present case the anxiety of the Court as seen from the earlier orders, was to the effect that the laboratory reports be made available expeditiously. 3. We may al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. We, accordingly, adjourn the proceedings for two weeks to enable the learned ASG to obtain appropriate instructions from the concerned laboratory and place the same on record, as observed by us. 6. At this stage, Mr. Nankani submits that in so far as the Pigeon peas are concerned, there is no hurdle for clearance of such goods, which can be cleared by the Petitioner without the same being entangled in the proceedings qua soyabean. 7. In such context, the Mumbai Port Authority has addressed a letter dated 11th May 2023 to the Petitioner setting out the storage/demurrage charges. As seen from the said letter, the Petitioner is required to pay the balance amount of Rs,3,63,75,668/- upto 7th June 2023. 8. We are of the opinion that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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