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WP(C) 5153/2014. Gauhati High Court

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Vincent
Case NumberWP(C) 5153/2014
Judgement DateApril 03, 2021
CourtGauhati High Court

I N THE GAUHATI HI GH COURT

(High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)

WP( C) No.5153 of 2014

I nland Work Logistics Pvt. Ltd.

(Formally known as I nland Road Transport

Pvt. Ltd) having its registered office at P 221/ 2 Strand Bank Road, Kolkata-700001 and having

its branch office at Jail Road, Guwahati-1 in the District of Kamrup, Assam and is represented by its duly authorized employee, Sri Narendra Kr. Sharma resident of Uday Path, Zoo Road, Guwahati-24.

............ Petitioner

- Versus –

  1. The Union of I ndia

    Represented by the Secretary, Ministry of Railways, Railway Board,

    Railway Bhawan, New Delhi.

  2. The General Manager,

    North Eastern Frontier Railways, Maligaon, Guwahati, Assam.

  3. The Chief Commercial Manager,

    North Eastern Frontier Railways,

    Maligaon, Guwahati, Assam.

  4. The Divisional Manager,

    North Eastern Frontier Railways,

    Maligaon, Guwahati, Assam.

  5. The Chief Parcel Supervisor,

    Office of the Commercial Supervisor (Parcel)

    N.F Railway, Guwahati/ New Guwahati, Assam.

    ........ Respondents

    B E F O R E

    HON’BLE MR. JUSTI CE A.M. BUJOR BARUA

    For the petitioner: Mr. G.N. Sahewalla, Sr. Advocate

    For the respondents: Mr. B.N. Gogoi, SC, Railways

    Date of Hearing : 03.04.2017.

    Date of Judgment: 03.04.2017.

    JUDGMENT & ORDER ( ORAL)

    Heard Mr. G.N. Sahewalla, learned senior counsel for the petitioner and Mr. B.N. Gogoi, learned Standing Counsel for the Railways.

  6. The petitioner has preferred this writ petition on being aggrieved by the weighment recorded at Nandurbar Weigh Bridge and also the demand notice dated 22.09.2014 by which the petitioner was imposed and charged of `2,57,649/ - for there being excess weight beyond the weight booked by the petitioner with the railway authorities. By the said order, detention and wharfage charges was also imposed upon the petitioner.

  7. By the order dated 26.09.2014, this Court had provided that in the interim, since the petitioner’s parcel vans were shortly reaching New Guwahati station, the respondent authorities, as already requested by the petitioner, would facilitate weighment of the goods at the destination station under clause 27.9 of the policy notified on 15.04.2014 on due payment.

  8. Subsequently, by the order dated 29.10.2014, in Misc Case No.2866/ 2014, this Court had observed that since the re-weighment had not been done despite the Courts order and no application has been filed by the railway authorities, the earlier order dated 26.09.2014 had been reiterated...

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