Sanjiv Khanna JUDGMENT
Sanjiv Khanna, J.
1. The Appellant, Maheshwary Handling Agency Private Limited, is a private limited company engaged in the business of clearing, forwarding and transporting of cargo for import and export as a steamer agent.
2. During the course of their business, the Appellant had used facilities at the Kandla Port, Gujarat for storing imported/exported cargo, for which it was liable to pay charges as per schedule/scales of rates framed by the Board of Trustees of Kandla Port Trust, the first Respondent before us ("the Board", for short) published in the Official Gazette in terms of Section 52 of the Major Port Trusts Act, 1963 ("Port Trusts Act", for short), which prior to its omission in 1997 read as under:
52. Prior sanction of Central Government to rates and conditions: Every scale of rates and every statement of conditions framed by a Board under the foregoing provision of this Chapter shall be submitted to the Central Government for sanction and shall have effect when so sanctioned and published by the Board in the Official Gazette.
3. Notification dated 4th November, 1993 published Under Section 52 of the Port Trusts Act had fixed a schedule/scales of rates payable for storage of goods/cargo at the Kandla Port. Relevant portion of the Notification dated 4th November, 1993, read as under:
SCALE "G" SCHEDULE OF STORAGE/RENTAL CHARGES
A) For: Open Space
| How Charged. | Kutchha Plots (uncemented/unasphalted) (Rs. ) | Pukka Plots (cemented & asphalted) (Rs. ) | Bins & raised (Rs. ) |
| Open space of 10 sq. Mtrs. or part thereof per month or part thereof for first three months. | 35-00 | 60-00 | 70-00 |
| | | | |
| Beyond 3 months | 58-00 | 90-200 | 105-00 |
B) For covered space
| How Charged | Ground Floor (Rs. ) | First Floor (Rs. ) |
| Covered space of 10 sq. mts. or part thereof per month or part thereof for first 3 months. | 150-00 | 130-00 |
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