Remanded

M and N.Publication Ltd. v. the Trustees of the Port at Bombay

Bombay HC15 Nov 2006WP/1972/1995

Case brief

AI extract

What is this about?

A writ petition challenging demurrage charges levied by the Bombay Port Authorities. The Court held that customs assessment was delayed due to a strike and Sunday, allowing clearance only from October 3. The matter was remanded to determine demurrage from the correct date with a hearing for the petitioner.

What did the court decide?

Remanded to Bombay Port Authorities to decide demurrage charges from October 3, 1994, after fresh hearing and record submission.

M and N.Publication Ltd. Vs the Trustees of the Port at… — Company and Corporate | Bombay HC (2006)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO.1972 OF 1995

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M and N. Publications Ltd. Vs.

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The Trustees of the Port of Bombay

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..Petitioner

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..Respondent

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Mr.R.S.Mehta i/b. Mr.S.P.Bharti for the Petitioner. Mr.U.J.Makhija with Mr.N.P.Lashkari i/b. Mulla & Mulla for the Respondent.

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CORAM :- DR.S.RADHAKRISHNAN & V.K.TAHILRAMANI, JJ. DATE : 15TH NOVEMBER, 2006

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P.C.

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1.		In t	he above, the Petition	er has su	bmitted that
the	Bill	of	entry for	home	consumpt	ion	has bee	n filed
on	20th	Se	ptember,1994	with	regard	to	the	various
quantities		of	paper imp	orted	by the	Pet	itioner.	It
appears		that	on 22nd	Septe	mber,1994	the	ship	carrying
consignment			of telephone	dir	ectory	papers	had	arrived

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at Bombay Port and it was unloaded on 26th

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September,1994.

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2.		It i	s an admitted positio	n that bet	ween 23r	d
Septembe	r,1994		to 1st	O	ctober,19	94	the		Customs
Appraiser		and	examining	staff	went	on	strike		and as
such,	the	goods	could not	be	clear	ed	as	the	assessment
work	was	not	completed.	There	is	also	no		dispute that

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on 2nd October,1994 as it was Sunday and as such no

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assessment work was carried out by the Customs.

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3.		Under th	e aforesa	id facts a	nd circumsta	nces of
the	case,	we	direct	the	Bombay	Port	Authorities	to
take	a	note	that	from	26th	September,	1994 to	2nd

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October,1994 the goods could not have been cleare	d at
all. Under these circumstances, only from	3rd
October,1994, the Petitioner could have initiated the steps to clear the goods.
4. Having regard to the aforesaid facts and
circumstances of the case, we remand back the	matter
to the Bombay Port Authorities to determine the	proper
demurrage charges having regard to the fact that	only
from 3rd October,1994, the Petitioner could have	moved
for assessment before the Customs A	uthorities.
Accordingly, Rule is made absolute whereby	the
Respondent Bombay Port Authorities are directed	to
decide afresh the demurrage charges taking	into
account all the aforesaid facts and circumstances	of
the case. The Petitioner will be afforded a	personal
opportunity of hearing in the above and also will	be
entitled to refer the relevant records. The	Bombay
Port Authority can fix the fresh demurrage	charges
within a period of 12 weeks from the date	the
Petitioner furnishes a certified copy of this	order
alongwith the application for fixation of	fresh

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demurrage charges. Rule is accordingly made absolute.

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Issuance of certified copy is expedited.

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(DR.S.RADHAKRISHNAN,J.)

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(V.K.TAHILRAMANI,J.)

M and N.Publication Ltd. v. the Trustees of the Port at Bombay

Case brief

What is this about?

What did the court decide?

M and N.Publication Ltd. v. the Trustees of the Port at Bombay

Case brief

What is this about?

What did the court decide?

What the court decided

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