1 WP 1705.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1705 OF 2011 M/s. Flemingo Duty Free Shop Pvt. Ltd. ... Petitioner. V/s. The Deputy Commissioner of Customs & Anr. ... Respondents. Mr. D.B. Shroff, Senior Advocate i/b. M/s. Crawford Bayley & Co. for the Petitioner. Mr. Pradeep S. Jetly for the Respondents. CORAM : DR. D.Y. CHANDRACHUD & A.A. SAYED, JJ. 30 NOVEMBER 2011. P.C. :- In these proceedings under Article 226 of the Constitution, the Petitioner has challenged a demand notice dated 1 April 2011 issued by the First Respondent for the recovery of Merchant Overtime Charges. The demand notice has now merged with an order of assessment which has been passed on 27 June 2011. The order of the Assessing Officer dated 27 June 2011 is subject to an Appeal before the Commissioner (Appeals). In the event, that an application for condonation of delay is made before the Appellate Authority, 2 WP 1705.11.sxw inter-alia, on the ground that the Petitioner was bonafide pursuing proceedings before this Court, such an application shall be considered duly and sympathetically. 2. The Petitioner has also sought a direction for the renewal of a licence which has since been renewed. Hence, the relief sought in that respect stands worked out. As regards the claim for refund of cost recovery charges, it would be open to the Petitioner to pursue the claim in accordance with law with the authorities. 3. We accordingly dispose of the Petition leaving it open to the Petitioner to pursue the remedies available in law. There shall be no order as to costs. (Dr. D.Y. Chandrachud, J.) (A.A. Sayed, J.)