2017 (8) TMI 686

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....ifference that the third respondent namely, the Container Terminal in both the Writ Petitions are different entities. With the consent on either side, the Writ Petitions themselves are taken up for disposal. 2. The petitioner seeks for issuance of a Writ of Mandamus, to direct the second respondent, the Deputy Commissioner of Customs (SIIB) to consider their representations and direct the third respondent container terminal to waive the rent/demurrage charges for import of Particle Board , which were detained by the SIIB for investigation. 3. The petitioner is stated to be engaged in the manufacture of premium pre-laminated particle board and MDF Boards and in the course of business have been importing particle Boards from various for....

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....es and therefore, they have complied with the directions contained in the waiver letter, dated 28.12.2016, issued by the second respondent. 5. The third respondent M/s.K.Steamship Agencies have filed a counter affidavit, stating that totally four containers were involved of which the period of detention of two containers was 28.12.2016 to 07.01.2017 i.e., for 11 days and the amount being Rs. 1,86,622/- and in respect of the other two containers, the period of detention was 28.12.2016 to 13.01.2017, and the amount involived is Rs. 2,88,415/- and the third respondent has given 25% waiver and the amount required to be paid by the petitioner is Rs. 3,56,278/-. Further, it is submitted that the relationship between the petitioner and the thir....

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....1)(l), the customs cargo service provider shall subject to any other law for the time being in force, shall not charge any rent or demurrage on the goods seized or detained or confiscated by the Superintendent of Customs or Appraiser or Inspector of Customs or Preventive Officer or Examining Officer as the case may be. 9. The second respondent, in no uncertain terms, has certified that the goods were detained by the SIIB from 02.12.2016 to 27.12.2016 and issued an order on 28.12.2016 that the custodian (third respondent) shall not charge rent or demurrage for goods under detention. Thus, the third respondent cannot interpret the said communication, as the Regulations clearly provide that the custodian cannot charge any rent or demurrage ....

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....e second respondent, there is no escape from the rigour of Regulation No.6(1)(l). Thus, the matter is not contractual, but it involves the implementation of a statutory regulation. Therefore, the Writ Petition filed by the petitioner is maintainable. 11. Insofar as M/s.K.Steamship Agencies Pvt., Ltd., is concerned, the cargo in two containers, have been cleared on 07.01.2017 and remaining two containers on 13.01.2017. As observed in respect of the other matters, after 28.12.2016, within a reasonable time, the containers have been removed. Admittedly, the petitioner is not responsible for detention of the container for the period from 02.12.2016. Therefore, the third respondent shall not be entitled to charge rent or demurrage on the said....