Calcutta High Court (Appellete Side)
Shree Murugan Clearing & Agency & Ors vs Union Of India & Ors on 20 October, 2011
Author: Dipankar Datta
Bench: Dipankar Datta
1
20.10.2011
A.S.T. 1607 of 2011
Shree Murugan Clearing & Agency & Ors.
VS
Union of India & Ors.
Mr. Amit Gupta,
Mr. Subhonil Chakraborty,
Mr. Tutul Das,
Mr. Anirban Gope.
..........For the Petitioners.
Mr. Sutanu Chakraborty.
.....For the Respondent
Nos. 1, 3-6.
Having heard Mr. Chakraborty and Mr. Roy, learned counsel for the petitioners and the respondents respectively, this writ petition stands disposed of with a direction upon the respondent no. 6 i.e. the Commercial Supervisor (Parcel), South Eastern Railway, Shalimar to proceed to conduct 'second re-weighment' in pursuance of the petitioners' request contained in their letter dated 17th October, 2011, at their costs, strictly in terms of Circular No. 51 of 2006 of the Railway Board, as early as possible but not later than 72 hours from date of receipt of costs from the petitioners that shall be notified to them within 24 hours from receipt of communication of this order. Till such re-weighment is made, no penal action shall be taken against the petitioners.
It is made clear that in the event it is found that the petitioners were transporting materials in excess of their entitlement and are liable to pay penalty, they shall be under an obligation to pay such penalty upon quantification made by the respondents in accordance with law.
It is also made clear that in the event it is found that the petitioners were not transporting materials in excess of their entitlement, no wharefrage would be charged for detention of the materials post 16th October, 2011 till reweighment in terms of this order.
Liberty is granted to the learned advocate-on- record for the petitioners to make faithful communication of this order to the respondents who shall act on the same without insisting for certified copy of the same.
2(Dipankar Datta, J.) FB DP