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SONIA GOKANI, MAUNA M. BHATT
RUGS RURAL THROUGH PROPRIETOR NASIM AHMED KHAN – Appellant
Versus
PRINCIPAL COMMISSIONER OF CUSTOMS – Respondent
JUDGMENT :
SONIA GOKANI, J.
1. The short question that needs to be addressed is the non-compliance of the directions of this Court and waiver of the demurrage and detention charges by the respondent no. 5 in the following factual background:
“It is, therefore, most respectfully prayed, that in conspectus of the facts, circumstances and grounds mentioned herein supra, this Hon’ble Court may graciously be pleased to:
(a) Issue a Writ of Mandamus or any other appropriate Writ, direction or order directing learned Respondents to release the consignment imported under B/E No. 4956991 dated 06.08.2021.
(b) Issue a Writ of Mandamus or any other appropriate Writ, direction or Order directing learned Respondents to either pay themselves or to waive the payment of demurrage detention and any o
A conjoint reading of Regulations 10(1)(l) and 10(1)(m) makes it abundantly clear that the 2018 Regulations are fully binding on the shipping line and it is not open to the latter relying on a contra....
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 central legal point established is the requirement to follow due procedure of law for release of goods under the Customs Act, 1962, and the limitation on customs cargo service providers to charge....
Governmental directives cannot impede the contractual rights of private entities concerning detention and demurrage charges during lockdown, as per established legal and regulatory frameworks.
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