SUMIT TRADING Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the Railways through video conference. Learned counsel for the petitioner hereby undertakes that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.

(2.) The following reliefs as formulated by the petitioner have been claimed in the writ petition -

(3.) Mr. Gautam Kumar Kejriwal, learned counsel for the petitioner, assails the impugned statement of demurrage charges (Annexure-3) and the order of the Divisional Railway Manager dtd. 23/1/2020 raising a demand of Rs.8,69,400.00 by way of demurrage charges (Annexure-5). It is submitted that such demand has been made without prior show cause notice and so also the petitioner was not supplied a copy of the recommendation of the Chief Goods Supervisor (respondent no. 4). In any event, the petitioner had raised various grounds in its waiver application (Annexure-4) which have not been dealt with and the same has been disposed of by a non- speaking order in complete violation of natural justice.