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1989 Supreme(Del) 362

ARUN B.SAHARYA, LEELA SETH
ASHOK DHAWAN – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
ARUNESHVAR GUPTA, M.L.VARMA, SURESH SINGH, U.L.VATVANI

Leila Seth. J.

( 1 ) TWO interesting questions arise in this writ petition : (i) Can the International Airports Authority of India, respondent No 6 charge the petitioner demurrage on baggage, which is kept in its custody by the Customs Authority, who erroneously did not permit the petitioner owner to take it away without payment of duty? And if demurrage is chargeable, then did the Chairman of respondent No. 6, in the facts and circumstances of the case, apply his mind properly in not waiving the said charges wholly ? (ii) If one of the three packets containing the petitioner s computer (which was admittedly in the custody of the International Airports Authority of India, respondent No 6) is misplaced, can a mandamus issue directing respondent No. 6 and/or respondent 4 and 5 (the Customs Authorities) to trace the missing packet within a specified period and release/deliver it to the petitioner, failing which give the petitioner equivalent compatible items as contained therein and/or money to purchase the same, in the peculiar facts of this case ?

( 2 ) THE basic facts in the case are admitted. The petitioner an Indian citizen, is a qualified architect. He studied and Worked abroad f





































































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