SUNIL SAHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was engaged as a Handling and Transport (H and T) Contractor by the Central Warehousing Corporation (CWC), Jalpaiguri for two time-spans in 2011 ' 2013 and 2013 ' 2015. The petitioner was to unload food grains from Railway wagons and transport it to the godowns of CWC and unload the grains to the godowns. The Food Corporation of India (FCI) is the owner of the food grains. According to the terms and conditions of the Agreement executed between the petitioner and the CWC, the petitioner was to raise bills on CWC after performing the work and CWC was to make payment to the petitioner in accordance with the invoices.

(2.) The petitioner however was unable to unload food grains from Railway wagons due to various circumstances. The petitioner claims that the petitioner sought instructions from CWC on these occasions and that CWC informed the petitioner that the petitioner was to unload the food grains at whichever space was available and that no demurrage charges would be levied on the petitioner or deducted from the petitioner's bills.

(3.) Learned counsel appearing for the petitioner submits that the CWC assured the petitioner all along that no amounts would be deducted from the petitioner's bills. Counsel submits that the petitioner does not have any claims against the FCI since there was no contract between the petitioner and the FCI at any point of time.