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HC granted conditional leave to defend the suit to the Defendant on the issue of wrongful detention charges. The key question was whether a detention-cum-demurrage waiver Certificate u/s05.08.2019 by Customs Authority would bind the Defendant. Defendant claimed to be an agent of the principal shipping line, acting as a carrier. Plaintiff exceeded free detention period due to Customs hold. Defendant sought detention charges for the extra period. The Bill of Lading and contract were until the end of free detention period. Plaintiff saved goods, received waiver Certificate. HC found Defendant's defense arguable, quashed the direction to deposit Rs. 18 lakhs. Petition allowed.
HC granted conditional leave to defend the suit to the Defendant on the issue of wrongful detention charges. The key question was whether a detention-cum-demurrage waiver Certificate u/s05.08.2019 by Customs Authority would bind the Defendant. Defendant claimed to be an agent of the principal shipping line, acting as a carrier. Plaintiff exceeded free detention period due to Customs hold. Defendant sought detention charges for the extra period. The Bill of Lading and contract were until the end of free detention period. Plaintiff saved goods, received waiver Certificate. HC found Defendant's defense arguable, quashed the direction to deposit Rs. 18 lakhs. Petition allowed.
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