TRIP COMMUNICATION PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in these petitions have sought waiver of the demurrage/detention charges claimed by the Celebi Delhi Cargo Terminal Management India (Pvt.) Limited (hereinafter referred to as "CELEBI") for the period the goods were in their warehouse pursuant to a seizure order issued by the customs authorities. Factually the two petitions are different, however as a common legal issue arises in both the matters, both the writ petitions were heard together and are being disposed of by a common order.

(2.) The question that arises for consideration is whether the CELEBI is entitled to charge demurrage/detention charges for the period the goods were detained by the customs authorities and for which the customs authorities have issued a certificate advising CELEBI to waive off demurrage charges in terms of Section 6(1)(l) of the Handling of Cargo under Customs Area Regulations, 2009 (hereinafter referred to as the 'HCCAR')? To answer the above question what needs to be determined is whether CELEBI is bound by the HCCAR or by the Policy for Waiver of Demurrage Charges notified by the Airports Authority of India in 1999 (hereinafter referred to as the Policy for Waiver) and further whether the two can be harmoniously construed?

(3.) For the purposes of clarity and for understanding the controversy we may briefly refer to the factual matrix of both the cases.