{"id":9223,"date":"2026-07-28T10:18:17","date_gmt":"2026-07-28T10:18:17","guid":{"rendered":"https:\/\/lawsandlegals.com\/english\/?p=9223"},"modified":"2026-07-28T10:18:18","modified_gmt":"2026-07-28T10:18:18","slug":"rajasthan-hc-facilitates-amicable-settlement-in-customs-concor-dispute-through-mediation-promotes-consensus-over-litigation","status":"publish","type":"post","link":"https:\/\/lawsandlegals.com\/english\/rajasthan-hc-facilitates-amicable-settlement-in-customs-concor-dispute-through-mediation-promotes-consensus-over-litigation\/","title":{"rendered":"Rajasthan HC facilitates amicable settlement in Customs-CONCOR Dispute Through Mediation, Promotes Consensus Over Litigation."},"content":{"rendered":"\n

Jodhpur:<\/strong> In a significant order highlighting the growing importance of judicial mediation, the Rajasthan High Court successfully facilitated the settlement of a long-pending dispute between the Commissioner of Customs (Preventive) and the Container Corporation of India Limited (CONCOR) over the levy of cost recovery charges relating to the Inland Container Depot (ICD), Bhagat Ki Kothi, Jodhpur.<\/p>\n\n\n\n

A Division Bench comprising Justice Pushpendra Singh Bhati and Justice Praveer Bhatnagar disposed of a batch of connected customs appeals and a writ petition after recording a consensus reached between the parties through court-facilitated mediation.<\/p>\n\n\n\n

The dispute concerned with the recovery of costs incurred for Customs staff deployed at the Inland Container Depot. Under the applicable policy, CONCOR, as the custodian of the depot, was liable to bear cost recovery charges if the prescribed benchmark volume of trade was not achieved. The controversy arose after Customs authorities raised demands for such charges, which were later challenged before the Customs, Excise and Service Tax Appellate Tribunal (CESTAT).<\/p>\n\n\n\n

During the proceedings, the High Court observed that the litigation was essentially between two instrumentalities of the Stat e that is Customs authorities under the Union of India and CONCOR, a Government of India undertaking under the Ministry of Railways.<\/p>\n\n\n\n

Emphasising the need to avoid prolonged litigation involving public bodies, the Court encouraged both sides to explore an amicable resolution.<\/p>\n\n\n\n

Acting on the Court’s suggestion, the parties reached a settlement. Customs agreed that CONCOR would bear the cost recovery charges only for the financial year 2009-10, during which the prescribed benchmark was admittedly not achieved. For the subsequent years, Customs authorities will undertake a fresh assessment, and wherever the benchmark is found to have been achieved, no recovery will be made and waiver shall be granted strictly in accordance with law. Any amount found due to either side will be adjusted and released within six months.<\/p>\n\n\n\n

Appreciating the constructive approach adopted by both parties, the Division Bench remarked that the case demonstrates how disputes between public authorities can be effectively resolved through dialogue and consensus.<\/p>\n\n\n\n

Concluding the matter, the Court observed that the success of mediation lies not merely in settling disputes but in transforming adversarial relationships into collaborative ones.<\/p>\n\n\n\n

Court further noted that when the contesting parties are instrumentalities of the State, mediation advances the constitutional ideals of good governance, administrative efficiency and responsible utilisation of public funds.<\/p>\n\n\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

Jodhpur: In a significant order highlighting the growing importance of judicial mediation, the Rajasthan High Court successfully facilitated the settlement of a long-pending dispute between the Commissioner of Customs (Preventive) and the Container Corporation of India Limited (CONCOR) over the levy of cost recovery charges relating to the Inland Container Depot (ICD), Bhagat Ki Kothi, … Read more<\/a><\/p>\n","protected":false},"author":2,"featured_media":9137,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_wppp_is_locked":false,"_wppp_selected_plans":[],"footnotes":""},"categories":[69,29],"tags":[785,1671,1742,1746,1750,1743,1747,1740,1741,1744,1529,219,48,1726,43],"class_list":["post-9223","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-rajasthan-high-court","category-top-stories","tag-alternative-dispute-resolution","tag-cestat","tag-concor","tag-cost-recovery-charges","tag-customs-appeals","tag-customs-department","tag-government-litigation","tag-icd-jodhpur","tag-inland-container-depot","tag-judicial-mediation","tag-justice-praveer-bhatnagar","tag-justice-pushpendra-singh-bhati","tag-legal-news","tag-mediation","tag-rajasthan-high-court"],"_links":{"self":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9223","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/comments?post=9223"}],"version-history":[{"count":1,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9223\/revisions"}],"predecessor-version":[{"id":9224,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9223\/revisions\/9224"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/media\/9137"}],"wp:attachment":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/media?parent=9223"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/categories?post=9223"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/tags?post=9223"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}