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.