SANDEEP CEMENT PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein had consigned coal at Rurkela in a broad gauge wagon to be delivered at Mahuva. The coal was transhipped from the broad gauge wagon into 3 small meter gauge wagons at Sabarmati. Out of the said 3 meter gauge wagons 2 of them bearing Nos. 60718 and 3206 were delivered at Mahuva. The third wagon bearing No. 53024 containing 13 320 M.Ts. was not delivered. The said delivery of 2 meter gauge wagons was against the production of Original Railway Receipt No. 258449. A certificate was issued on 2-4-1983 by the Station Master Mahuva to the effect that the said third wagon was not delivered. The petitioner therefore prays that a writ of mandamus may be issued against the respondents restraining them from withholding the delivery of coal as per the contract.

(2.) Mr. T. H. Sompura learned Counsel for the petitioner has urged that there is a clear admission by the respondent-Railway Administration in the form of the letter written by the Station Master Mahuva admitting that the third wagon was not delivered. He submitted that a writ of mandamus may be issued against the respondent-Railway Administration directing them to re-imburse the petitioner with the quantity and quality of coal which was consigned but was not delivered at the place of destination. He has submitted that the coal is a scarce commodity and its non-delivery by the Railway Administration results in great hardship to the petitioner. On account of non-delivery the factory operations have in be closed down which adversely affects the production as well as renders the workmen jobless. Therefore he has submitted that the petitioner should be re-imbursed with the quantity and quality of the coal which the respondents failed to deliver as per the contract.

(3.) Mr. R. M. Vin learned Counsel for the Railway Administration has urged that in this case where the wagon is not traceable and in similar cases the appropriate order should be that the consignee should be paid monetary compensation for the non-delivery of the goods. According to him if the goods are delivered to a public body or is used by the Railway Administration itself re-imbursement could be ordered but in a case where there is non-delivery for diversion to other destination or any other reason the proper relief would be to order monetary compensation.