DURGA PRASAD CHOUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) This application is under Section 25 of the Provincial Small Cause Courts Act by the plaintiffs who had instituted the suit for recovery of Rs. 469/14/- which they had paid as demurrage to the defendant railway. The suit has been dismissed by the Court below.

(2.) On 21-2-1953, the plaintiffs indented two wagons of cement from Jhinkpani to Sultanganj railway station on the Eastern Railway. On 27-2-1953, the wagons reached Sultanganj. The next day, on 28th February, the plaintiffs executed an indemnity bond and wanted delivery of the goods because they had lost the railway receipt. This indemnity bond was made over to the Station Master of Sultanganj railway station, who returned the same with a note that, as the value of the goods was more than one thousand rupees, that should be countersigned by the Divisional Superintendent, Howrah. The plaintiffs found no other remedy, and they had to wait until 2-3-1953, when they produced another indemnity bond. Curiously enough, this indemnity bond was acted upon by the same Station Master, and, on the strength of this indemnity bond, he did deliver the goods on payment to the railway of the demurrage for the period 28th February to 2nd March, 1953. The plaintiffs claim that this amount of demurrage was wrongfully realised from them, and, therefore, the suit is, as I have said, for recovery of the said amount.

(3.) The defendant denied that any indemnity bond had been executed by the plaintiffs on 28-2-1953; and they further denied their liability to pay back the amount of demurrage.