ULTRA TECH CEMENT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner is a consignee of goods known as clinker and gypsum. The transportation was made by Railway. The quantities transported must have been enormous because they were transported between the beginning of 2005 and the end of 2006 and involved substantial freight.

(2.) The issue in this writ application is very short. The question to be answered is whether after unloading of the goods and delivery to the consignee and removal of those goods by it, the railways have any right to make a claim on account of an allegedly excess quantity of goods.

(3.) Admittedly, these goods had been unloaded, delivered to the writ petitioner and removed by it before the claim for demand was made. The demanded sum is about Rs.59,67,377/- raised by innumerable statements issued over a period of time, which are annexed to the writ petition and challenged in this writ.