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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
AVINASH G. GHAROTE, ABHAY J. MANTRI, JJ.
Asian One Pvt Limited – Appellant
Versus
The Commissioner Of Customs – Respondent
JUDGMENT :
AVINASH G. GHAROTE, J.
1. Heard. Rule. Rule made returnable forthwith with the consent of the learned Counsels for the respective parties.
2. Heard Mr. V.S. Sridharan, learned Senior Counsel for the petitioner; Mr. S.N. Bhattad, learned counsel for the respondent Nos.1 and 2; Mr. Akshay A. Naik, learned Senior Counsel for the respondent No.3 along with Advocate Mr. P.S. Kadam; Mrs. R.S. Sirpurkar, learned counsel for the respondent No.4 and Mr. A.B. Patil, learned counsel for the respondent No.5.
3. The petitioner seeks a writ of mandamus for issuing a direction to the respondent Nos.1 to 3 to recall the permission granted by them to the respondent No.3 to proceed with the auction of the Cargo under the bills of lading bearing Nos.MAEU 222568555, MAEU 222568576 and MAEU 222568540 and so also the auction notice in that regard. It also seeks a writ of mandamus to direct the respondent Nos.1 to 4 to reship the Cargo i.e. 1263.880 MPS of SteelScrap ISRI – 211 – Grade under the aforesaid bills of lading, which are now lying with the respondent No.3, at Wardha and reship the same to the port at Singapore. It also seeks a declaration that the auction conducted by the respondent no.
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Importers are entitled to a refund of customs duty paid for goods not received, irrespective of inter-departmental disputes, as established under Sections 13, 23, and 27A of the Customs Act.
The central legal point established is that a Customs Cargo Service Provider is obligated to release detained goods without charging rent or demurrage, as per the Customs Act and Handling of Cargo in....
The court emphasized the power of the Board under Section 26(1)(g) of the Major Port Authorities Act, 2021 to consider exemption or remission from demurrage charges for goods in a bonded warehouse.
The liability for demurrage and storage charges depends on whether the port trust has taken charge of the goods, and the destuffing of the cargo from the container is irrelevant for determining liabi....
The main legal point established in the judgment is that a claim for waiver of demurrage and detention charges must be made within the specified time frame, and the maximum waiver period is limited b....
The main legal principle established in the judgment is that the Insolvency and Bankruptcy Code (IBC) prevails over the Customs Act, limiting the authority of the respondent to only assess and determ....
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