Gujarat HC asks Custom Authorities to consider waiving Demurrage Charges in Lieu of Wear & Tear suffered by Importer

The Gujarat High Court (HC) has asked Custom Authorities in the matter of M/s Hazel Mercantile Ltd Vs Chief Commissioner of Customs to consider waiving Demurrage Charges in Lieu of Wear & Tear suffered by Importer.

Two requests were made by Mr. Nankani counsel of the appellant, First was that the earlier bond, which was furnished by his client to Custom Authorities should be returned as the writ applicant has now been asked to furnish a fresh bond. The second request is that with the passage of time, the goods must have suffered some wear and tear including evaporation being in a liquid form. He makes a request that the demurrage charges etc. may be waived.

The Court said that if the DRI has any further doubts in the matter, it is always open for the DRI to proceed further with its inquiry in accordance with law. For the present, we are only concerned with the goods. Let the goods be released upon the writ applicant furnishing a bond of the amount equivalent to the value of the goods at the earliest. Additionally, the Customs Authorities shall consider the request to waive demurrage charges having regard to the overall background (including delay) of the matter and take an appropriate decision in accordance with law expeditiously.

This Order was passed by Justice J. B. Pardiwala and Nisha M. Thakore.

The Special Civil Application was filed by M/S Hazel Mercantile Ltd represented By Mr. Vikram Nankani with Mr. Gaurav K Mehta with Mr. Nimesh Mehta.