MY HOME INDUSTRIES LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has come forward with this writ petition challenging the order of the 2nd respondent dated 29.04.2011 and to forbear the respondents from levying any penal demurrage charges in respect of the consignment covered under the impugned order on the basis of the proceedings of the 2nd Respondent dated 21.04.2011.

(2.) THE case of the petitioner is that a consignment of 2674.8 metric tonnes of cement, was loaded in a rake, consisting of 42 goods wagon at Melachery Nalagunta District, Andhra Pradesh was booked for transportation to Irugur goods shed in Coimbatore on 15.04.2011 vide RR No. 262000278. The said consignment booked by the petitioner was arrived at Irugur, Coimbatore District on 22.04.2011. However, due to heavy rain, the consignment was not cleared and after the rains had stopped, the consignment was cleared on 25.04.2011. In the meantime, a circular was issued by the 2nd respondent levying penal demurrage charges with effect from 24.04.2011 to 25.04.2011, at the following rates: -

(3.) AFTER 12 hours: 6 times of normal DC=Rs. 600/ -