2010 (12) TMI 350

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....rder (Oral)]. - Petitioner has challenged the demand notices issued by respondent No. 1 - Kandla Port Trust seeking recovery of demurrage charges for the containers which remained in the premises of the Kandla Port since the petitioner could not clear the goods on auction of inspection being carried out by the Customs Authorities. 2. The containers had arrived starting from 1st January,....

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....that there was no provision for waiver of demurrage charges for the reasons stated above. He relied on the several decision of the Apex Court in cases of, (1) of Union of India & Ors. v. R.C. Fabrics (P) Ltd. and Another reported in AIR 2002 SC 191 = 2002 (139) E.L.T. 12 (S.C.) and (2) Sun Export Corporation and Another v. Board of Trustees of the Port of Bombay reported in AIR 1998 SC 92 = 1997 (....