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GAURANG KANTH
Bhavik S. Thakkar – Appellant
Versus
Union of India – Respondent
JUDGMENT
Gaurang Kanth, J. The present Writ Petition has been preferred by the Petitioner under Article 226 of Constitution of India seeking the following prayers:
"(i) Direct the respondent no. 2 to release the goods immediately without charging demurrage/detention charges or rent;
(ii) Direct the respondent nos. 1 to 3 to pay appropriate compensation for their negligence and apathy leading to perishing/deterioration of goods;
(iii) Direct the respondent no. 4 to initiate appropriate action against respondent no. 2 for suspension/revocation of approval as Customs Cargo Service Provider for the violation of provisions of Handling of Cargo In Customs Area Regulations, 2009 in as much, the demurrage/detention charge has been imposed in respect of goods in respect of which detention certificate has duly been issued by the Customs;
(iv) Pass any other order(s) or direction (s) which this Hon'ble Court may deem fit and proper in favour of petitioner."
FACTS RELEVANT FOR THE CONSIDERATION OF THE PRESENT CASE ARE AS FOLLOWS:
2. It is the case of the Petitioner that he had been working since 2005 with his father and helping him in the business of trading and brokerage of MS Scrap under the name
The Cargo Service Provider was not obligated to waive the Terminal Service Charges (TSC) as the denial of waiver was not in violation of any legislation, and the penalty imposed by the Settlement Com....
A conjoint reading of Regulations 10(1)(l) and 10(1)(m) makes it abundantly clear that the 2018 Regulations are fully binding on the shipping line and it is not open to the latter relying on a contra....
The main legal point established in the judgment is that a claim for waiver of demurrage and detention charges must be made within the specified time frame, and the maximum waiver period is limited b....
Penalties under the Customs Act cannot be imposed without clear evidence of intent to defraud or wrongdoing.
Governmental directives cannot impede the contractual rights of private entities concerning detention and demurrage charges during lockdown, as per established legal and regulatory frameworks.
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