1992 (8) TMI 83

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....at this stage it is not necessary to deal with the contentions raised in this writ petition. 2. This writ petition is an off shoot relating to a claim of grant of full remission of demurrage charges in respect of the period for which the Detention Certificates being Exhibits D and E to the petition were issued by Respondents Nos. 2 and 3. 2A. On earlier occasion, the petitioners had filed Wr....

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.... 1991, the same will be disposed of shortly. Thus, result is that the main contentions as regards correctness of the order dated 23rd January 1982 passed by the Collector of Customs is sub-judice before the Tribunal. 3. In the meantime, the 1st respondent - the Bombay Port Trust refused to grant the benefit of the detention certificates issued by Respondent No. 2 in pursuance of the order of th....

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....ibunal is seized of the matter on the merits of the order dated 23rd January 1982 passed by the Collector of Customs, we are of the opinion that we need not entertain this petition at this stage. Liability to pay the demurrage charges will depend upon the final outcome of the order that will be passed by the Tribunal where appeal is pending. We are, therefore, of the opinion that this writ petitio....

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....e the issue an merits and claim exemption of demurrage before the B.P.T. This issue is also kept open. 7. Petitioners through their Counsel undertake to this Court that they will keep the bank guarantee given to this Court, pursuant to the order dated 23rd March 1982 in Writ Petition No. 549 of 1982, alive until expiry of period of six months from the date of order of the Tribunal. Petitioners ....