BHIM SHANKAR Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) This is a plaintiff's se-second appeal in a suit for a declaration that an order, dated 21/22-6-1966, passed by the Superintendent, Kanpur Area, Kanpur, debarring the plaintiff from carrying on the trade and business of forwarding and clearing agent, is illegal, void and inoperative.

(2.) It is necessary to state a few facts. The plaintiff was working as a forwarding and clearing agent at the Kanpur Co-operganj Good's shed. The working hours there are 9.00 a.m. to 8.00 p.m. On the 2nd January, 1966, a wagon was allotted to M/s Rajaram Sri Kishan Oil Factory, Moti Mohal, Kanpur, at 7.45 P.M. Ac-cording to the plaintiff, information of the allotment of the wagon was not given to him or to M/s Rajaram Sri Kishan Oil Factory, but, in the very next paragraph of the plaint, it has been stated that "even if the employees of the defendant became successful in informing the plaintiff, which fact is not admitted by the plaintiff no business could have been done or allowed to be done on that day during 15 minutes only either by the allottee M/s Rajaram Sri Kishan Oil Factory or his agent, the plaintiff." According to the plaintiff M/s Rajaram Sri Kishan Oil Factory had time up to 1.45 p. m. on the 3rd January, 1966 free from any demurrage because no work of loading was possible from 8.00 p .m. of 2nd January, 1966 to 9.00 A.M. of 3rd January, 1966. The reference obviously was to the 5 hours time, which appears to have been allowed under the rules or instructions, as free time for loading of wagon. According to the plaintiff, when he reached the goods shed at 9.00 A.M. on the 3rd January, 1966, he learnt of the allotment of the said wagon at 7.45 P. M. on the 2nd January, 1966 to M/s. Rajaram Sri Kishan Oil Factory. It is then stated that "Without losing a minute's time the plaintiff rushed to the allottee" and requested the latter to make arrangement for loading the wagon, but for reasons best known, the allottee asked the plaintiff to get the allotment cancelled whereupon the plaintiff got the allotment cancelled at about 10.30 hours on the 3rd Jan., 1966. According to the Railway Admn. the allotment was cancelled at 11.00 A.M. on the 3rd January, 1966 and claimed payment of Rs. 91.20P. as demurrage from the plaintiff. Since the plaintiff claimed that he was acting as an agent only the claim for demurrage was also made from M/s. Rajaram Sri Kishan Oil Factory, but the latter appears to have refused to pay.

(3.) The impugned order of the Railway Administration is contained, in a letter (Ext. 1) dated 21/22-6-1966 from the Superintendent, Kanpur area of the Northern Railway to the plaintiff. "Northern Railway" No. CW/Misc/66/83 Area Supdt's office Kanpur, dated 21/22-6-66. Sri Bhim Shankar, Agent, C/OGI/COP. Dear Sir, Reg. Recovery of demurrage Rupees 91-20 P. It has been brought to notice of this office by Goods Inspector Cooperganj that 175 bags linseed oil cake was got registered under MR No. 987520 of 21-12-1965 for DEOS on behalf of M/s. Rajaram Sri Kishan Oil Factory by you and Wagon. No. NE 58446 was allotted on 2-1-1966 at 19/45 hrs. On 3-1-1966 you requested the GI for cancellation of demand which was allowed on forfeiture of Registration fee and realisation of demurrage of Rs. 91/20 P. Accordingly you were asked to pay the demurrage as mentioned above but you have not paid the same as yet. A notice was also sent to M/s Rajaram Sri Kishan Oil Factory to this effect who replied that they did not authorise you to place demand and you placed the Indent on your own accord as such they are not concerned with this transaction and the demurrage accrued. Since you have failed to pay the demurrage, you are debarred from working as Agent till the time you make good the above amount of demurrage. Yours faithfully sd/Illegible /Supdt. Kanpur Area. C/The GI/CPC. COP, SM/CNB, GSR/ FGD, CGG/Juhi, SM/Panki, Chandari and chakerim, for information and necessary action. sd/Illegible /Supdt. Kanpur Area"