RUGS RURAL Vs. PRINCIPAL COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) The short question that needs to be addressed is the non-compliance of the directions of this Court and waiver of the demurrage and detention charges by the respondent no.5 in the following factual background:-

(2.) Since the consignment imported dtd. 6/8/2021 had not been released despite the specific direction of this Court to release the goods within a week, the petitioner has preferred the present petition.

(3.) On the next date of hearing on 5/5/2022, learned advocate Mr. Ashish Verma appeared for the respondent no.5 - Shipping Line and submitted that unless and until the dues recoverable from the writ applicant towards the container detention charges are not paid, the writ applicant should not be permitted to lift the goods. He also relied on the decision of Apex Court rendered in case of Mumbai Port Trust vs. M/s. Shri Lakshmi Steels and Ors. [Civil Appeal No. 9831-32/2017; decided on 27/7/2017] and particularly paragraphs 46 and 47 in the following manner:-