2010 (8) TMI 347

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....cate, for the Petitioner. [Order per : Adarsh Kumar Goel, J.]. - C.M. No. 9505 of 2010 : The order dated1-7-2010, dismissing the writ petition for non-prosecution, is recalled. The matter has been heard on merits. C.W.P. No. 3026 of 1991 : 1. This writ petition seeks mandamus to the Collector of Customs to direct the Punjab State Warehousing Corporation and M/s. Samrat Shipping Co. (....

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....e, Annexure P-5, dated14-9-1990, respondents No. 4 and 5 recovered the demurrage charges. In these circumstances, the petitioner was entitled to refund of demurrage charges. 3. In the reply filed on behalf of the Customs Department, stand taken is that delay in clearance of goods was attributable to the petitioner itself. Initially, the goods were declared to be synthetic waste, later, the....

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....the goods are prohibited goods where duty due was not paid. Even so, a warehouse is not under an obligation to waive charges, as may be liable under a contract. In an appropriate case for wrongful action of delaying clearance of goods, the customs department may be liable for damages, but this cannot be a ground by itself to waive demurrage charges payable under a contract to a warehouse. The matt....