9911796707
TMI Blog2000 (7) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... n/waiver of the demurrage charges (Cargo), the processing period of waiver application shall be regulated as under :- (a) In cases where demurrage is waived in full and/or part total processing period shall be considered as free period. (b) In case where application is rejected, the processing period beyond ten working days after receipt of complete details/ documents/explanations should be treated as free period. (c) Maximum three working days free period shall be allowed from the date of communicating the decision, beyond which full demurrage charges shall be levied. 3.I find there is also a provision of an appeal against the decision of rejection of the application for waiver which can be made to the next higher authority than ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (d) of the Customs Public Notice No. 30/86 is regarded as that that imposed by the Collector of Customs without authority of law, it having been imposed ultra vires his powers under the Act or Rules or Regulations, no Court can direct the IAAI to release the goods of the consignee without collecting from him demurrage charges levied according to its Regulations in respect of the goods, which it had taken care of as the custodian merely because there was a detention certificate of the Collector of Customs or his delegatee issued to the IAAI which had been approved as the custodian of such goods by the Collector of Customs under sub-section (1) of Section 45 of the Act. 6.He has also relied upon paragraph 65 of the said judgment to establis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the petitioner without fail. 10.For the purpose of effective adjudication, a copy of the writ petition as well as other annexures as also affidavits in connection thereto will be treated as part of appeal. 11.Thus, the writ petition stands disposed of. 12No order is passed as to. costs. 13.However, this order will not prevent from withdrawing the goods without any condition whatsoever. 14.Xeroxed certified copy of this order will be supplied to the parties by the department within seven days from the date of putting in requisition for drawing up and completion of the order as well as the certified copy thereof. 15.All parties are to act on the operative part of this Judgment upon usual undertaking and as per the satisfaction o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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