NARMADA CEMENT COMPANY LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE short dispute in the present matter is that the petitioners, after obtaining certain orders, received the coal through the Eastern Railway, who were booking the shipment from West Mudidhi Colliery to Rajula City destination. The consignors loaded the wagons and Railway Receipt Nos. E -990161 and E -990162 were issued by the Railways. After the rakes/wagons were loaded, it was found that the wagons were overloaded by 3.40 metric tonnes. The Railways, in accordance with Rule 161A, charged the penal fare/freight amount from the petitioner.

(2.) IT appears that at Kankaria, where the goods were reweighed, it was found that the overloading was to the extent of 106.60 metric tonnes. The Railways thereafter made a demand of Rs.4,10,785/ - by way of penal freight. The petitioner made representations clearly stating that the petitioners were not informed by the Railways at the time of reweighment of the shipment, therefore, under the circumstances and as it was not the case of the Railway Authorities that the weighing machine, on which the first weighment was made, was defective, the petitioners were not liable to pay anything. The petitioners' representations were rejected, therefore, they are now before this Court.

(3.) IN absence of any counter -affidavit by the other side, I find no difficulty in holding that the petitioners were not given opportunity of representation at the time of reweighment. However, it is not the case of the petitioners that the reweighment was a fraudulent action against the interest of the petitioners. In a case like present, the petitioners could always file a civil suit for refund of the money, but, instead they have preferred to come to this Court.