RADHEY SHYAM YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri V.K. Singh, learned senior advocate for the petitioner, Sri Devendra Kumar, learned Counsel, appears for respondents No. 1 and 2 and Sri S.K. Mishra alongwith Sri M.C. Chaturvedi, learned Counsels, for the respondents No. 2 and 3. The petitioner has come up questioning the order dated 28.7.2014 and 2.8.2014, passed by respondent No. 3 in relation to imposition of certain liabilities that have been realised from the petitioner, who is a contractor, for loss suffered by the Corporation in terms of Clause XII(a) and (b) of the Terms of the Agreement as contained in the Bid documents dated 21.4.2009.

(2.) Learned Counsel for the petitioner submits that the petitioner cannot be saddled with such liabilities under the contract that too in the absence of any heads on which such liability can be imposed. The amount has been forcibly realised from the petitioner. The amounts in particular are the Railway Transit Loss, the Additional Shunting Charges and Railway Derailment Charges as well as demurrage in respect thereof.

(3.) Learned Counsel for the petitioner further submits that the petitioner has not entered into any contract with the railways. He has relied upon certain letters which have been brought on record to contend that according to the said letters, such a liability could not have been imposed in respect of the aforesaid liabilities that has been erroneously clamped on the petitioner.