Calcutta High Court (Appellete Side)
M/S. Mahavir Logistics & Ors vs Union Of India & Ors on 9 November, 2011
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1
09.11.2011.
W.P. No. 17728 (W) of 2011
M/s. Mahavir Logistics & Ors.
Versus
Union of India & Ors.
Mr. Saptangshu Basu,
Mr. Shuvanil Chakraborty
...For the Petitioners.
Mr. Bidyut Kumar Roy,
Mr. Saptarshi Roy.
...For the S.E. Railway.
Affidavit‐of‐service filed today by the petitioners be kept
on record.
This writ application is directed against an order dated
October 7, 2011 passed by the respondent No.4. By virtue of the
impugned order, the respondent authority allowed the prayer of the petitioners for loading/unloading in VP of 23 tonnes in place of 25 tonnes (as per Railway Board's policy) at Kharagpur for two days in a week, i.e. on Sunday and Wednesday within the scheduled stoppage of the train. But the prayer of the petitioners was allowed at the existing freight rate in "R" scale instead of "P" scale.
Let affidavit‐in‐opposition be filed within four weeks, reply thereto, if any, be filed one week thereafter.
Let this matter appear in the Combined Monthly List of January, 2012 under the heading "For Order".
Leave is granted to the petitioners to accept the above offer in terms of the impugned order at the existing freight rate 2 in "R" scale without prejudice to the rights and contentions of the parties in this writ application and payment of the freight of the above rate shall not create any equity in favour of the respondent authority.
It is further made clear that in the event of success of this writ application the question of payment of interest on the difference amount in between the aforesaid two rates by the respondent authority to the petitioners shall also be considered.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, subject to compliance with all necessary formalities.
srm ( Debasish Kar Gupta, J. )