KARACHI: Seven years were consumed in deciding a simple issue of delay and detention charges as a division bench of High Court of Sindh disposed of the petition filed by an importer Abdul Rauf against Pakistan Customs and terminal operator.
As per details, a delay/detention certificate was issued but the port authorities did not entertain the same. The importer also came up with his calculation of demurrage charges.
The bench noted that it has already decided the issue way back in 2013 and that issue of demurrage charges is pending before the Supreme Court of Pakistan (SCP) in appeals filed by other importers. The SCP has already ordered a regular report from Port operators regarding payments received by them from different parties and this practice is continuing.
The SHC bench noted that petitioner is not agreeable to the charges calculated by the port authorities and has his own calculation. The bench observed that in such a situation and in view of pending petition before the apex court, it would not be appropriate to adjudicate the matter. The bench directed the petitioner to secure the amount of demurrage by way of Pay Order or Bank Guarantee while Nazir was directed to en-cash the same and invest the amount into some profitable government scheme. The customs authorities were also ordered to release the goods once Nazir issues certificate that disputed amount of demurrage has been secured.
The bench while disposing off the petition also ordered that out come of deposited amount will be linked to the out come of final order by the Supreme Court of Pakistan.
The federal government was represented by Wajiha Mehdi while Pakistan Customs was represented by Ms Afsheen Aman Advocate.