M.N.VENKATACHALIAH, R.M.SAHAI, S.P.BHARUCHA
International Airports Authority Of India: International Airports Authority Of India: Central Warehousing Corporation – Appellant
Versus
Grand Slam International: Gulab Impex Enterprises LTD. : Essma Woollen Mills – Respondent
JUDGMENT
R.M. Sahai, J.
1. International Airports Authority of India (hereinafter referred to as IAAI) and the Central Warehousing Corporation, Container Freight Station, Patparganj (in brief CWC) obtained leave of this Court under Article 136 of the Constitution of India against direction issued by the High Court of Delhi for release of imported goods without payment of any demurrage charges for the period for which detention certificate had been issued by the Customs Authorities.
2. What persuaded the High Court to take this view in favour of the respondents was founded on construction of Section 45(2) of the Customs Act, 1962 (Act for short) and issuance of detention certificate by the Customs Authorities. What is the nature of these certificates? Whether they are binding on the IAAI? Is there any conflict in the Public Notice issued by the Customs Authorities and Regulations framed by the IAAI, are some of the questions which arises for consideration in these appeals. But before adverting to these issues facts in brief may be mentioned.
3. In Appeal No. 798 of 1992 the respondent filed with the Customs Authorities bill of entry on cargo terminal along with all documents to seek cl
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