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TMI Blog2023 (2) TMI 1322X X X X Extracts X X X X X X X X Extracts X X X X ..... I 617 - DELHI HIGH COURT ] - In the said case along with other connected cases, the ld. Division Bench of this Court has dealt with identical issues and has arrived at its conclusions qua each of the aspects. The prayer for not charging ground rent, demurrage and detention charges has already been rejected. Thus, no recovery thereof would be liable to be directed. None appears for the Petitioner today and even on the last date. In view of the fact that the issue is squarely covered, the writ petition does not deserve to be kept pending and accordingly the same is dismissed in terms of the above judgement which shall apply mutatis mutandis to the present petition as well. Petition dismissed. - JUSTICE PRATHIBA M. SINGH For the Respondent : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents Nos. 5 to 8 to forthwith payback/return to the Petitioner Company amounts charged and recovered by them as ground rent, demurrage and container detention charges, etc. on such conditions as this Hon'ble Court deems fit. (D) Any other/further relief/s as may deem fit in the facts of the case may kindly be granted. A transfer petition was preferred by the Respondent No. 4 before the Supreme Court. In the said petition, viz., Transfer Petition (Civil) No. 1173 of 2020, titled 'Container Freight Station Association of India Vs. M/s. ARL Infratech Limited Ors', the Supreme Court held as under: 1. This transfer petition has been filed by the petitioner under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of Spec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t 2021]. 5. In the said case along with other connected cases, the ld. Division Bench of this Court has dealt with identical issues and has arrived at its conclusions qua each of the aspects. The prayer for not charging ground rent, demurrage and detention charges has already been rejected. Thus, no recovery thereof would be liable to be directed. 6. The operative portions of the said judgement are extracted below- 5. The issue in a nutshell : The petitioners, in these petitions, seek a writ of mandamus from this Court, under Article 226 of the Constitution of India, in a situation involving, as we would note hereafter, contractual rights between private individuals and the regulation, thereof, by statutory/Governmental authorities in publi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... release indicates that, if other importers were unable to do so, the reason for such inability would have to be assessed on a case-to-case basis. Apart from the fact that the ICDs and CFSs themselves had, in place, a mechanism for such aggrieved importers and exporters to approach them, this exercise cannot be conducted by a writ court, exercising jurisdiction under Article 226 of the Constitution of India. Each case would depend on its own facts, and disputed issues of fact are bound to arise .Even for this reason, it is not possible for this court to accede to the petitioners' request to, across the board, direct waiver or remission of the penal charges, levied by ICDs and CFSs for continuing to store imported or exported goods beyon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orters/exporters, and to the prejudice of the respondent ICDs/CFSs/shipping lines, as would warrant our inference under Article 226 of the Constitution of India. Conclusion: 47. We regret, therefore, our inability to accede to the prayers in these petitions (except WP(C)3649/2021). 48. In view of the aforesaid findings and decisions, the individual writ petitions are disposed of thus: ..... ...W.P.(C)3029/2020 51. The prayer clause in the writ petition reads thus: It is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to : (a) Issue an appropriate writ, order or direction in the nature of Mandamus thereby issuing directions to the respondent numbers 1 and 2 for issuance of strict orders/directions to be c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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