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april 2001

Supreme Court of India · 2001-04-10

Shipping Corpn. Of India Ltd vs C.L. Jain Woolen Mills & Ors

Citation / case number
AIR 2001 SUPREME COURT 1806
Court
Supreme Court of India
Petitioner
Shipping Corpn. Of India Ltd
Respondent
C.L. Jain Woolen Mills & Ors
Author
B.N. Agrawal
Bench
B.N. Agrawal

Judgment text excerpt

The Supreme Court addressed the issue of whether a lien holder can be compelled to release goods without demurrage charges due to a customs detention order. The Court held that under Section 111(d) and Section 112(a) of the Customs Act, 1962, the lien holder retains the right to charge demurrage until dues are settled, regardless of customs actions. The judgment affirmed the lien holder's right to retain possession of the goods until payment is made, thereby upholding the contractual terms between the parties.

Shipping Corpn. Of India Ltd vs C.L. Jain Woolen Mills & Ors · Niyam