DIAMAND CEMENTS BANGALORE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has by this petition prayed that Annexure -R5 dated 20.4.1993 (No. 16/93) may be quashed and respondent Railway Administration may be directed to decide the case of the petitioner in accordance with the provision of section 104 of the Indian Railways Act, 1989.

(2.) PETITIONER M/s Diamond Cements is a Company with limited liability, incorporated and registered under the provisions of the Companies Act, 1956. The petitioner Company has established a modern million ton/p.a. capacity of split location cement plant having its clinkering plant at village Narsinggarh and grinding and packing plant at village Imlai. Both the plants are situated in District Damoh in Madhya Pradesh. The Company has installed a Railway siding at about 3 -1/2 kilo meters from Damoh Railway Station notified as DDSG siding and it has invested about Rs. 1,60 crore in the installation of DDSG siding. The siding deals with inward and out word traffic which needs movement by Railway.

(3.) EXTENT of liability in respect of goods carried in open wagon. - - Where any goods, which, under ordinary circumstances, would be carried in covered wagons and would be liable to damage, if carried otherwise, are with the consent of the consignor, recorded in the forwarding note, carried in open wagon, the responsibility of Railway Administration for destruction, damage or deterioration which may arise only by reason of the goods being so carried, shall be one -half of the amount of liability for such destruction, damage or deterioration determined under this Chapter."