ASIAN TERMINALS Vs. UNION OF INDIA

JUDGEMENT

(1.) 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 Rs.13,95,612/- which is the subject matter of the SLP pending before the Apex Court, an amount of Rs.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.) THEREFORE, I dispose of this writ petition with the following directions.