FROST INTERNATIONAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule.

(2.) In our opinion, respondent no. 5 is entitled to recover demurrage charges so far as goods which were stored in their premises. It is the case of the petitioner that since the petition is admitted and there is challenge to the policy, interim relief should be granted. In our opinion, merely on the basis of admission of petition, interim reliefs cannot be granted as sought for. Firstly, so far as Port Trust is concerned, they are entitled to claim from the petitioner demurrage charges in respect of goods stored in their premises. Though respondent no. 5, Port Trust has a policy of granting remission for importers it necessarily prima facie does not mean that the same policy should be extended to the exporter. That is a policy decision. Apart from that Clause 10 of the policy confers general powers which can be exercised even in case of export, which in the instant case has been exercised. Whether that exercise is proper will be decided at the time of hearing of the case. On 31-3-2004 the goods were imported by the petitioner at Port of Mumbai. The order of CESTAT is dated 5-5-2006 whereby it was held that the goods are not liable to be confiscated and the exporter and others are not liable to penalty. The request for waiver of demurrage charges for the first time was made on 27-7-2007 to Traffic Manager, MPT. In our opinion, therefore, no case is made out for interim reliefs. Interim reliefs rejected.

(3.) Respondent waives service.