1996 (8) TMI 122

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....r was required to litigate the matter right upto the Supreme Court and the Supreme Court finally allowed the matter by judgment rendered on 14th February, 1990. The Petitioner submitted that in view of the following operative order passed by the Supreme Court in Akbar Badrudin Jiwani v. Collector of Customs, Bombay, 1990 (47) E.L.T. 161 (SC) = (1990) 2 Supreme Court Cases, 203 the Respondents are required to refund the detention charges and demurrage charges paid by him to the Bombay Port Trust. "62. In the instant case, even if it is assumed for argument's sake that the stone slabs imported for home consumption are marble still in view of the finding arrived at by the Appellate Tribunal that the said product was imported on a bona fide ....

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....n the appeal there was no prayer regarding refund of detention charges and demurrage nor the same was argued before us. In that view of the matter we are not inclined to clarify our order in the manner, prayed for, in the instant application. In the circumstances, we are not inclined to interfere in the order made by us. We, therefore, dismiss the application. The appellant may, however, take recourse to any action, if he is so legally entitled and so advised." 3. In our view, from the aforesaid findings given by the Supreme Court it is clear that the Court has not directed refund of detention charges and demurrage charges. On the contrary, the court has observed that the said contention was not even urged before them. Therefore, there w....

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....95 (57) E.C.R. 209 (SC) where in the Court has observed as under :- "43. It cannot be gainsaid that, by reason of unjustified detention of his goods by the Customs Authorities, the importer is put to loss by having to pay demurrage charges for the periods of such detention. The Central Government is empowered by Section 35 of the International Airports Authority Act, 1971, and Section III of the Major Port Trusts Act, 1963, to issue to the Authority and the Boards of Trustees, respectively, directions on questions of policy after giving them an opportunity, as far as practicable, of expressing their views. The Central Government can, if so advised, after giving to the Authority and the Boards of Trustees the opportunity of expressing the....