2020 (10) TMI 643

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....e with the following observations :- "86. If there were no proper officers or there were only few officers to handle the workload due to alleged arrest and the delay in receiving the transshipment application for being processed by the 1st respondent should not be at the cost of the petitioner. If indeed there was a complete breakdown due to alleged arrest and resulted in disruption of the operations at the Air Cargo Complex, the petitioner should be compensated as such delay cannot be attributed by the petitioner. This would require proper facts being established by the petitioner. 87. Therefore, this aspect would require proper verification. Issue is therefore left open for the petitioner to establish that Customs Depart....

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....ents. 92. This Writ Petition stands disposed with the above directions. No cost. Consequently, connected Miscellaneous Petition is closed. 2. The learned counsel for the Appellant Mr.Hari Radhakrishnan submitted that while setting aside the impugned order dated 10.03.2010, by which the learned Commissioner refused to issue the Detention Certificate, which is required for waiver of Demurrage Charges, the learned Single Judge ought not to have directed payment of Demurrage charges which runs approximately to Rs. 67 lakhs against the Appellant, as the delay was not on account of any fault of the Appellant in transshipment of goods from Chennai to Trivandrum in the bonded trucks. He submitted that the broad body aircrafts, which bro....

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....latha,however, prays for time to take instructions in the matter. 4. We have perused the records and the operative part of the order of the learned Single Judge. 5. We are satisfied that while the matter has been remanded back to the learned Commissioner, the demand made under the said order, on account of Detention Certificate not being issued by the Commissioner of Customs, cannot be sustained for the time being and therefore, payment thereof, in favour of the respondents 3 and 4 viz., Deputy General Manager Cargo, Airport Authority of India, Chennai, and the Assistant General Manager (F&A), Airport Authority of India, Chennai, cannot arise. Such payment can be made, if, only after such reconsideration on remand, the concerned Commi....