C.L. Soni, J.

1. By the present petition filed under Article 226 of the Constitution, the petitioners seek to quash and set aside the decision dated 21.07.2001 of respondent No. 2 - Chairman, Board of Trustees of the Port of Kandla/Kandla Port Trust at Annexure - FF to the petition. By the impugned decision, the petitioners are held jointly and severally liable to pay demurrage charges of Rs. 43,37,760/- as demanded in the notice dated 04.08.2000 issued under Section 56 of the Major Port Trusts Act, 1963 ("MPT Act").

2. As per the case of the petitioners, M/s. RASL Enterprises of USA had agreed to purchase 5000 Metric Tone (MT) of double polished PR-106 (15% broken) of rice crop 1997 from the petitioner No. 1 and such rice would export from the Port of Kandla to the Port of Nikolev, Ukrain. To transport the cargo from Kandla Port to Nikolev Port, the petitioners entered into charter party on 24.03.1998 with one Chinese Shipping Company through the vessel MV Rongjiang from Kandla to Nikolev and also to transport 7000 MT of rice from Kandla to Novorossisk. For such purpose, petitioner No. 1 obtained necessary approval from the Director General of Shipping, Ministry of Surface