subject to satisfactory performance by the
lease holder, without any penalty for overloading or violation of any
W.P. (C) 7289/2010 & batch Page ... freight rate subject
to satisfactory performance by the leaseholder, without any penalty for
overloading or violation of any provision of the contract."
Background Facts
made aware of the railways' claim on account of
penalty for overloading prior to the delivery of the relevant
consignment. If Section ... writ petitions and set aside the
claims on account of penalty for overloading raised by the railways.
Being aggrieved, this appeal has been filed before
rate subject
to satisfactory performance by the lease holder without any penalty for
overloading or violation of any provision of the contract. In absence ... that the performance of the writ petitioner was not satisfactory
as penalty for overloading was imposed upon the petitioner-lease holder, who
had also violated
freight rate subject to satisfactory
performance by the leaseholder, without any
penalty for overloading or violation of any
provision of the contract."
7. Undoubtedly ... second condition being, without there being any penalty
imposed on the contractor for overloading or for violation of
any provision of the contract. The petitioner
freight rate subject to
satisfactory performance by the leaseholder, without any penalty for overloading
or violation of any provision of the contract. The initial period ... refused except on the ground of
unsatisfactory performance due to any penalty for overloading or violation of the
provision of contract. In the impugned order
performance by the leaseholder, without any penalty for
overloading or violation of any provision of the contract.
According to the appellant, the said Paragraph ... freight rate subject to
satisfactory performance by the
leaseholder, without any penalty
for overloading or violation of
any provision of the contract."
From perusal
freight rate subject to satisfactory performance by
the leaseholder, without any penalty for overloading
or violation of any provision of the contract."
7. Undoubtedly ... penalty was imposed upon the petitioner. It is,
therefore, quite apparent that the imposition of penalty by the
respondent due to overloading of parcels
rate subject to satisfactory performance by the lease
holder, without any penalty for overloading or violation of any
provision of the contract ... mentioned by the Railway authorities is not on account of any
penalty for overloading and such plea also does not have any factual
basis
rate subject to satisfactory performance by the lease
holder, without any penalty for overloading or violation of any
provision of the contract ... mentioned by the Railway authorities is not on account of any
penalty for overloading and such plea also does not have any factual
basis
concern to the Petitioners
since overloading of VPH attracts severe penalties. Where the
overloading exceeds a margin of 5% on three occasions it can entail ... prior to
delivery the excess freight charges and also the penalty for
overloading. At that stage, prior to taking delivery of the consignment
by making
