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2023 Supreme(Bom) 1346

G. S. KULKARNI, JITENDRA JAIN
Sarveshwar Logistics Services Pvt. Ltd. – Appellant
Versus
Union of India, through its Joint Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: D.N. Salvi, Sahil D. Salvi, Sagar Redkar, Narendra L. Kalpoth.
For the Respondents: Shehnaz V. Bharucha, Dhananjay Deshmukh.

JUDGMENT :

JITENDRA JAIN, J.

1. This petition under Article 226 of the Constitution of India is filed praying for the following relief:

    “(a) This Hon’ble Court be pleased to issue an appropriate Writ, Order or direction in the nature of Certiorari and be pleased to direct the authority to modify the CRB Order No. 5/2021, dated 25.02.2021 issued by the Respondent No. 2 and direct the Respondents to grant exemption from payment of cost recovery charges effective from 01.04.2020.”

2. Narrative of the relevant events:

    (i) On 21st December 2015, Respondent No. 1 approved a proposal of the Petitioner for setting up Container Freight Station (CFS) at village Dighode, District Raigad, Maharashtra.

(ii) On 6th December 2016, a notification was issued by Respondent No. 3 being CFS Notification No. 11/2016, notifying the CFS station of the Petitioner for unloading of imported goods and for loading of export goods.

(iii) On 21st August 2017, Respondent No. 3 issued a further Notification No. 10/2017 appointing the Petitioner to be a ‘Custodian’ of the imported goods received at the CFS of the Petitioner. The Petitioner was also approved as ‘Customs Cargo Service Provider’ under the said notification.

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