GLOBAL IMPEX THROUGH ITS PARTNER Vs. MANAGER

JUDGEMENT

(1.) We are, in these writ petitions, required to decide whether Respondent No.1 (hereinafter referred to as "CELEBI" -) could charge demurrage, on the goods imported by the petitioners, which have been stored in the premises of CELEBI. The petitioners assert that no demurrage could have been charged by CELEBI and rely, for the purpose, on Regulation 6(1)(l) of the Handling of Cargo in Customs Areas Regulations, 2009 (hereinafter referred to as "the Handling of Cargo Regulations" -). The dispute pivots, essentially, on the interpretation of the said clause.

(2.) At the very outset, therefore, we may set out in clause (l) of Regulation 6(1) of the 2009 Regulations, thus:

(3.) "Customs Cargo Services provider" - is defined, in clause (b) of Regulation 2 of the 2009 Regulations, in the following terms: