BOARD OF TRUSTEES OF THE PORT OF BOMBAY vs JAI HIND OIL MILLS COMPANY AND OTHERS

The Supreme Court held that under the Major Port Trusts Act, 1963, specifically Sections 48 and 53, the Port Trust has the authority to impose and recover demurrage charges for goods detained at the port. The Court emphasized that the High Court erred in directing the Customs authorities to issue detention certificates without ensuring the Port Trust's interests were protected, particularly regarding the payment of wharfage and demurrage charges. The Court ruled that the Port Trust must be a party to any proceedings affecting its rights, and the interim orders of the High Court were set aside.