R K ENTERPRISES Vs. BOARD OF TRUSTEES

JUDGEMENT

(1.) THE petitioner has approached this court for a direction to the second and third respondents to pay demurrage charges.

(2.) THE case of the petitioner is that is imported two consignments of diodes on 29.6.2000 and 11.10.2000 through and by two bills of entry Nos.294360 dated 27.9.2000 299700 dated 2.11.2000. THE said import was investigated by the third respondent on suspicion of gross under valuation of the goods and the goods were detained by the second respondent in the first respondent premises.

(3.) THE petitioner submitted that the goods imported through bill of entry No,294360 dated 27.9.2000 were allowed clearance by M/s. CCTL, Chennai after full waiver of demurrage charges based on the detention certificate issued by the second respondent. However in respect of other bill of entry, the first respondent refused to waive the demurrage charges and sent a letter dated 2.12.2003 to the petitioner and demanded a sum of Rs.2,03,201/- being the demurrage charges. THE said order passed by the first respondent is impugned in this writ petition before this court.