2000 (10) TMI 55

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....d the learned Senior Standing Counsel for Government of India. When the writ petition was heard, the learned Standing Counsel for Government of India had vehemently argued that the Customs authorities were under no obligation to reimburse the storage and demurrage charges. On a careful consideration and necessary reflection and having due regard to the settled position in law, we rejected that con....

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....harges cannot be placed on or passed on to the Customs Department under no circumstance. Learned Senior Standing Counsel placed reliance on the decisions of the Apex Court Trustees of Board of Madras v. Nagavedu Lungi & Co. and others, [1995 (80) E.L.T. 241 (S.C) = (1995) 3 SCC 730] and International Airports Authority of India v. Grand Slam International [1995 (77) E.L.T. 753 (S.C.) = (1995) 3 SC....

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....the dictum in International Airports Authority of India case (supra 2), rightly found fault with the trial Court and the High Court in dismissing the suit, and decreed the suit. 4.In the instant case, the entitlement of the Central Warehousing Corporation to claim storage and demurrage charges is not and cannot be in dispute in the light of the judgment of the Supreme Court in the case of Inter....