Calcutta High Court
M/S. Binod Traders & Anr vs Union Of India & Ors on 20 April, 2010
Author: Indira Banerjee
Bench: Indira Banerjee
ORDER SHEET
W.P. No.489 of 2010
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
M/S. BINOD TRADERS & ANR.
-Versus-
UNION OF INDIA & ORS.
Mr. R.A. Agarwal with Mrs. N. Pal & Mr.
R. Dhar, Advocates,
... for the petitioner.
Mr. Janardan Mondal, Advocate,
... for the respondent nos.1 to 6.
Mr. Kumar Gupta with Mr. K.K. Naskar, Advocates, ... for the respondent no.7.
Before The Hon'ble Justice INDIRA BANERJEE 20.04.2010 Pursuant to the order dated 13th April, 2010 of this Court, the Wagon Movement Register was produced before this Court. The Wagon Movement Register shows the petitioner is the consignee in respect of the salt carried in Wagon nos. 153411 CR-N, 153432 CR- N, 29371 SC-A, 993495 WR-A, 17424 SW-AHS.
Learned Counsel appearing on behalf of the Railways, also submits on instructions that there are no dues outstanding from the petitioner. However, the Railways have a claim of Rs.1,01,900/- and 2 Rs.67,500/- respectively against Rameshwar Lal Ashok Kumar against the invoice numbers specified in a communication, being No.RLAK/Det/RNG/04/10 GSS/RNG dated 3rd April, 2010 from the Goods Superintendent to Rameshwar Lal Ashok Kumar. A photostat copy of the said communication has been taken on record.
On the last occasion Mr. Kumar Gupta, learned Advocate appearing on behalf of M/s. Rameshwar Lal Ashok Kumar, submitted that his clients had taken delivery of all consignments belonging to them.
The Wagon Movement Register clearly indicates that the petitioner, Binod Traders, is the consignee in respect of the consignments in question.
Learned Counsel appearing on behalf of the railway authority submits that the same person viz. one Mr. Satyen Dey, has been clearing consignments both on behalf of the petitioner and M/s. Rameshwar Lal Ashok Kumar.
The goods of M/s. Rameshwar Lal Ashok Kumar have apparently been released. This is evident from the wagon movement register. The goods of M/s Rameshwar Lal Ashok Kumar against whom railways have a claim, having been released, there can be no question of withholding goods belonging to M/s. Binod Traders. 3
It is immaterial that the same agent may have been clearing goods both on behalf of the petitioner and M/s. Rameshwar Lal Ashok Kumar. The goods of one trader cannot be withheld to realise dues from another.
Mr. Agarwal submits that person who has been clearing the goods is not an employee of the petitioner. It will be open to the petitioner to affirm an affidavit indicating the circumstances in which goods are being cleared by the same person both on behalf of the petitioner as also the said M/s Rameshwar Lal Ashok Kumar along with supporting documents including payment vouchers. Such supplementary affidavit be affirmed within April 23, 2010. Matter be listed as "For Orders" on April 26, 2010.
The consignments may, however, forthwith be released subject to the petitioner furnishing bank guarantee of Rs.1,70,000/- (One lakh and seventy thousand) to the satisfaction of the Chief Financial Adviser & CEO, Eastern Railway, securing the entire claim of the respondent against M/s. Rameshwar Lal Ashok Kumar. The bank guarantee shall be kept renewed until further orders of this Court. The bank guarantee shall be renewed at least one month prior to date of expiry thereof, upon notice to the Chief Financial Adviser & CEO, Eastern Railway, failing which the bank guarantee may be 4 encashed. The bank guarantee if renewed within the time stipulated above shall not be encashed without leave of this Court. Goods shall be released within 48 hours of furnishing of the bank guarantee. The records be returned to learned Counsel appearing on behalf of the railways.
All parties are to act on a signed photostat copy of this order on the usual undertakings.
(INDIRA BANERJEE, J.) K.Banerjee Assistant Registrar (C.R.)