M. C. JAIN, J. ORDER (Oral)

( 1 ) HEARD counsel for the parties. This court by order dated November 12, 1990, allowed the petition and directed respondents 1 to 5 to release the goods without payment of demurrage charges in favour of the petitioner and also to issue a Detention Certificate in respect of these goods from February 27, 1988 when the Bill of Entries were filed until the date of actual clearance.

( 2 ) RESPONDENT No. 5 has now filed this C. M. 468/91 in which a declaration is sought that the liability of any demurrage charges and ground rent charges will have to be borne by the petitioner. The petitioner s case is that in all 71 cartons were imported and the Bill of Entries were presented on February 27. 1988 and thereafter the Customs authorities instituted an inquiry and a show cause notice was issued on December 15, 1988. Ultimately however, by order dated March 15, 1990 the Assistant Collector Customs discharged the said show cause notice. The petitioner s case is that when the show cause notice has been discharged, the petitioner has no liability for payment on demurrage charges and/or the ground rent charges. According to it, the Container Corporation of India is t

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