Shipping Line's Exemption Claim Rejected; Must Comply with Waiver Certificate Under 2018 Regulations 10(1)(l) & 10(1)(m.

Detention cum demurrage waiver certificate - respondent No.4 i.e., the shipping line and its principal have taken the stand that they are not customs cargo services provider and therefore the 2009 Regulations are not applicable to them. - conflict between provisions of a subordinate legislation and provisions of a contract - objection of respondent No.4 is not legally tenable. The detention cum demurrage waiver certificate dated 16th November, 2020 has been validly issued as it can be traced to Regulation 10(1)(l) of the 2018 Regulations and under Regulation 10(1)(m) thereof, respondent No.4 i.e., the shipping line is under a legal obligation to comply with the certificate. - HC .....

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