RAGHU FORWORDING AGENCY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Appellants were Writ Petitioners. They had filed Writ application under Article 226 of the Constitution of India (Civil Rule No. 815/97) praying for issuance of following directions to the Respondents (i) to refund punitive charges of Rs.9,50,114.00 recovered from them for allegedly carrying goods in the Wagons beyond permissible capacity (ii) not to claim demurrage and wharfage charges from them and (iii) to release the Wagons detained by the Respondents for the purpose of realizing the said amount.

(2.) THE Civil Rule was heard by a learned single Judge who by the impugned judgement and Order dated 3-8-1999, declined the prayer for refund of the punitive charges amounting to Rs.9,50,114.00 paid by the Appellants. In view of the interim directions, five Wagons of coal detained by the Respondent Railways were released on furnishing of Bank Guarantee by the Appellants. The learned single Judge subsequently held that the Respondents are not entitled to claim demurrage and wharfage as the same were not payable by the Appellants. The Bank Guarantee was accordingly released. The appellants filed Review Application No. 67/99 which was dismissed vide order dated 7-12-2002. Against the orders dated 3-8-1999 passed in the Civil Rule and dated 7-12-2002 passed in the Review application, the Appellants have filed this Appeal.

(3.) THE relevant facts in brief are as follows: