TMI Blog2013 (10) TMI 1554X X X X Extracts X X X X X X X X Extracts X X X X ..... by way of declaration that the respondent can demand and levy the cost recovery charges from the petitioner only for the number of days the officials are deployed actually and render services to the ICD during that said period and the wholesome demand regardless of the services rendered and number of days is illegal, arbitrary and confiscating violating Article 14 and 19(1) (g) of the Constitution. ii) issue a writ of mandamus or any other appropriate writ, order or direction directing the 3 rd respondent to compute and work out the cost recovery charges strictly in accordance with Ext.P4 and to adjust the over payment made in this regard by the petitioner as against future demand. Iii) issue a writ of mandamus or any other appropria ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In the above circumstance, there will be an interim order to the effect that the respondents will be free to collect the cost recovery charges in respect of the officials actually deployed for customs duty. Handover. 3. The stand of the petitioner is that the petitioner is ready to satisfy the cost recovery charges in respect of the officers actually deployed for carrying out the operations in the petitioner's unit. It iswithout any regard to the actual facts and figures, that cost recovery charges are sought to be realised from the petitioner, which in turn is sought to be intercepted by this Court. In the meanwhile, since the licence already issued to the petitioner was about to expire, the petitioner filed application for rene ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... harges have to be restricted to the officers actually deployed and this will be honoured. The learned counsel for the petitioner submits that, according to the petitioner, there is an excess payment as pointed out in Ext.P29 and that the adjustment/set off sought to be effected in respect of such amount has been turned down as per Ext.P19. 6. Considering the facts and circumstances, there will be a direction to the third respondent to recalculate the amount, giving effect to the interim order as referred to in Ext.P30 in respect of the actual deployment of the concerned officers effected during the relevant period. The plea of excess payment shall also be considered and the liability, if any, shall be refixed as above, after hearing the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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