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april 2001

Supreme Court of India · 2001-04-10

SHIPPING CORPN. OF INDIA LTD. vs C.L.JAIN WOOLLEN MILLS

Citation / case number
SC 1999/3474
Court
Supreme Court of India
Petitioner
SHIPPING CORPN. OF INDIA LTD.
Respondent
C.L.JAIN WOOLLEN MILLS
Author
PATTANAIK
Bench
B.N. AGRAWAL G.B. PATTANAIK S.N. PHUKAN

Judgment text excerpt

The Supreme Court addressed the issue of whether a shipping corporation can retain goods under lien until demurrage charges are paid, despite a customs detention order. The Court held that the shipping corporation is entitled to retain the goods until the dues are settled, as per the terms of the contract and relevant provisions of the Customs Act, 1962, specifically Section 111(d) regarding confiscation and Section 112(a) concerning penalties. The appeal was decided in favor of the shipping corporation, affirming its right to charge demurrage and retain the goods until payment is made.

SHIPPING CORPN. OF INDIA LTD. vs C.L.JAIN WOOLLEN MILLS · Niyam