IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 8914 of 2011(L) -------------------------------------- PETITIONER(S): ----------------------- M/S.ASIAN TERMINALS,DIVISION OF M/S.ROYAL INDIAN HOLDINGS LTD.,24/418, WILLINGTON ISLAND,COCHIN REP.BY ITS,CHAIRMAN TISSAN J.THACHANKARRY. BY ADVS. SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH RESPONDENT(S): ------------------------- 1. UNION OF INDIA, REP.BY ITS UNDER SECRETARY,MINISTRY OF FINANCE,DEPARTMENT OF REVENUE,HUDCO VISHALA BUILDING,6TH FLOOR, BHIKAJI CAMA PALACE, NEW DELHI. 2. CENTRAL BOARD OF EXCISE AND CUSTOMS, ROOM NO.159A,NORTH BLOCK,NEW DELHI-1, REP.BY ITS DIRECTOR. 3. THE COMMISSIONER OF CUSTOMS, OFFICE OF THE COMMISSIONER OF CUSTOMS, WILLINGTON ISLAND,KOCHI 682 009. 4. THE ASSISTANT COMMISSIONER OF CUSTOMS (I&B),OFFICE OF THE COMMISSIONER OF CUSTOMS, WILLINGTON ISLAND,KOCHI 682 009. R1 TO R5 BY ADV. SRI.JOHN VARGHESE,SC,CEN.BOARD OF EXCISE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.8914 OF 2011(L) -------------------------------------------------- Dated this the 5th day of April, 2011 J U D G M E N T The issue raised in this writ petition is regarding the claim of the petitioner for exemption from payment of cost recovery charges due from its Container Freight Station. Ext.P4 is an application made by the petitioner claiming the benefit of such exemption and according to the petitioner their claim stands recommended by Ext.P5 and the matter is now pending consideration of the first respondent. It is also the case of the petitioner that they are willing to pay the amount presently due, except `13,95,612/-, which was the subject matter of a litigation in which there was already an order in their favour and the matter is now pending in SLP before the Apex Court. Therefore the petitioner submit that subject to their paying the actual amount due in instalments, the first respondent may be directed to consider Ext.P4 in the light of Ext.P5. 2. A statement has been filed on behalf of the respondents. In the statement so filed, respondents submit that as at present excluding `13,95,612/- which is the subject matter of the SLP WPC.No. 8914/2011 :2 : pending before the Apex Court, an amount of `47,89,799/- plus interest is due form the petitioner towards cost recovery charges. It is stated that only on the petitioner paying the aforesaid amount, the first respondent can be directed to consider Ext.P4 in the light of Ext.P5. 3. I have considered the submissions made by both sides. As far as the liability of the petitioner to pay `13,95,612/- is concerned that issue is pending consideration of the Apex Court and therefore the parties will have to await the judgment of the Apex Court. However, as at present according to the respondents, an amount of Rs.47,89,799/- plus interest is due from the petitioner towards the cost recovery charges. Although petitioner is disputing the correctness of this amount, it is the petitioner's liability to pay the actual amount due and only on such payment can the respondents be called upon to consider Ext.P4 request. 4. Having regard to the fact that the amount which is stated to be due is substantial, I feel it is only appropriate that the petitioner should be permitted to discharge the present liability towards cost recovery charges in instalments and on such payment the first respondent should consider Ext.P4 representation as well. WPC.No. 8914/2011 :3 : 5. Therefore, I dispose of this writ petition with the following directions. 6. The petitioner shall pay the amount presently due with interest in four equal monthly installments, first of which shall be paid on or before 15.5.2011 and the balance installments shall be paid on or before 15th of every succeeding month. In order to secure payment of remaining installments, I direct that the petitioner shall, while paying the first instalment, furnish a bank guarantee for the balance amount. On the payment of the first instalment and on furnishing bank guarantee as above, the first respondent shall consider Ext.P4 representation of the petitioner in the light of Ext.P5 recommendation, as expeditiously as possible and at any rate within 2 months thereafter. In order to enable the petitioner to pay the amount and furnish bank guarantee as directed above, it is directed that on furnishing a copy of this judgment, the 3rd respondent will issue to the petitioner a statement indicating the exact liability of the petitioner. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 8914/2011 :4 :