RAJIV SAHAI ENDLAW

1. The petition seeks mandamus to the respondent Container Corporation of India Ltd. (CONCOR) to refund the “hazardous charges and penalty charged illegally” from the petitioner. Notice of the petition was issued and counter affidavits have been filed. No rejoinder thereto has been filed by the petitioner. The counsels have been heard.

2. The counsel for the petitioner has argued that the petitioner had imported mixed Hybrid Carbon Oil and which arrived at Mumbai and the respondent CONCOR was to transport the same from Mumbai to Delhi. It is further stated that the respondent CONCOR however in its bill dated 15th December, 2009 raised on the petitioner, besides freight, also claimed a sum of approximately Rs.1,41,150/- towards Handling Charges by treating the goods as hazardous as well as Hazardous Penalty Charges and which the respondent CONCOR was not entitled to charge and of which the petitioner by this petition seeks refund.

3. I have at the outset enquired from the petitioner whether the petitioner, before paying the aforesaid amount had protested there against and/or made the payment without prejudice, expressing urgency and reserving the right to c