concessionaire has to maintain minimum
cargo.
As per the Appendix 14, the details of the minimum guaranteed cargo
are as under:
Period * Minimum guaranteed cargo ... Article 15.1(vii) , if the concessionaire fails to achieve the
minimum guaranteed cargo for a consecutive period of three (3) years, it
amounts to default
appears to be an alleged failure of AVCTPL to achieve the
Minimum Guaranteed Cargo for three years between 24th
October 2016 and 23rd October
Concessionaire ("the
Royalty") subject to the Royalty payable on Minimum
Guaranteed Cargo specified in Appendix 14.
(c) Gross Revenue shall be computed
refusal to comply
with its obligation to provide a minimum guaranteed volume of
containers for transportation under the Agreement or, in the
alternative ... would be calculated on the basis of the difference between the
minimum guaranteed cargo commitment and the actual cargo
supplied and in the following manner
petitioner is enjoying the space and thereby, by
collecting the very minimum rental as has been fixed by the Tariff Authority, a
larger extent ... possible imposition of wharfage, on the basis of the
minimum guaranteed cargo movement to be undertaken by the petitioner and
accordingly, allotment of additional space
minimum cargo guarantee of the
petitioner as per the model framed by GMB for
dynamic cargo guaranteed instead of a fix cargo
guaranteed and which ... reductions in the total cargo
handle at rozi port, minimum guaranteed cargo
should be calculated on the basis of dynamic
cargo guaranteed model
depend upon the existing cargo generation through the Port and should generate their own cargo for achieving the minimum guaranteed throughput.
(xi) Under Clause ... Under Article IV, the licensee has guaranteed a minimum throughput
of 8.2 lakhs tonnes of cargo per annum for the first five years, while from
Lufthansa Cargo India Private Ltd. vs Dcit [Alongwith T.D.S. Appeal Nos. 66, ... on
that cargo loaded from T-6 shed, which belongs to other exporters cannot be accounted for the purpose of minimum guaranteed traffic assured ... cargo belonging to others was shipped by the petitioner-company and the same cannot be taken into consideration for the purpose of securing minimum guaranteed
generate any substantial business at the facility, not even the
Minimum Guaranteed Throughput, as per its obligations under the
Agreement. Further, even at the initial ... handling negligible quantities of cargo, much less than even the Minimum
Guaranteed amount. Since the appellant was not generating the business for
the payment
