UNION OF INDIA Vs. JYOTI ENTERPRISES

JUDGEMENT

(1.) THE appellant Railways, asserting its claim to realise the charge on the basis of reweighment made en route without informing the petitioner (Respondent No.1 herein), which was endorsee consignee of M/s. Rani Salt Refinery Pvt. Limited and Bajaj Salt Industries, has challenged the judgment of the learned Single Judge passed on the writ petition of the Respondent No.1consignee. Learned Single Judge has rejected the claim of the Railways, holding that the demand made by them is contrary to the statutory provisions.

(2.) THE short facts germane to the instant case is that the consignment of iodized salt was sent by M/s. Rani Salt Refinery Pvt. Limited and Bajaj Salt Industries from Chirai Railways Station, Gujarat to Tatanagar Railway Station. The consignment reached Tatanagar on 17th February, 2000 and was delivered to the petitioner.

(3.) HOWEVER , at the time of delivery or before the delivery no such claim was made by the Railways and even no information was given to the petitioners regarding reweighment of the consignment en route.