Dismissed

The Union of India and 3 Ors. v. Ashok Kumar Somani

Gauhati HC12 Sept 2022Cont.Cas(C)/475/2016

Case brief

AI extract

What is this about?

In a contempt petition alleging willful violation of a court order regarding freight rate enhancement, the court found the respondent's conduct not willful. It ruled that the order to pay was conditional for consideration of representations and not a direct mandate.

What did the court decide?

Contempt petition dismissed on the ground that the requirement to pay the enhanced freight rate was conditional and not a mandatory direction.

The Union of India and 3 Ors. Vs Ashok Kumar Somani — Contempt of Court | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010022612016

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Cont.Cas(C)/475/2016

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THE UNION OF INDIA and 3 ORS

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REP. BY THE GENERAL MANAGER, NF RAILWAY, MALIGAON, GHY-11

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2: CHIEF COMMERCIAL MANAGER NF RAILWAY MALIGAON GHY-11

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3: THE CHIEF PROJECT SUPERVISOR NEW GUWAHATI B.G. N.F. RAILWAY GUWAHATI ASSAM

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4: THE CHIEF PARCEL SUPERVISOR SEALDAH RAILWAY STATION EASTERN RAILWAY P.O. SEALDAH KOLKATA WEST BENGA

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VERSUS

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ASHOK KUMAR SOMANI

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S/O KEDAR MAL SOMALI, PROPRIETORSHIP CONCERNED M/S FAST TRAKE LOGISTIC, OFFICE AT F.A. ROAD, MACHKHOWA, GHY-9, DISTKAMRUP METRO, ASSAM

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Advocate for the Petitioner : MS.K D SARMAH

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Advocate for the Respondent :

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 12-09-2022

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Heard Mr. R. Sarma, learned counsel for the petitioners.

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The petitioners are the Union of India through the authorities under the N.F. Railway and the alleged respondent contemnor is Ashok Kumar Somani had instituted WP(C) No. 1841/2007 against the authorities under the N.F. Railway, being aggrieved by the enhancement of freight rates by 5%. The said writ petition was disposed of by the order dated 11.06.2015, by which it was held that the claim of the writ petitioner was covered by the order also dated 11.06.2015 in WP(C) No. 1841/2007. In the order dated 11.06.2015 of the WP(C) No. 1841/2007, it was provided that the enhanced freight rates of 5% be paid but the respective representations against the enhancement filed by the various claimants be given its consideration. In the order dated 11.06.2015 it was also provided that upon the 5% enhance freight rate being paid by the writ petitioner, there was a direction to the N.F. Railway authorities to dispose of their respective representations against the enhancement by 5%.

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This contempt petition is instituted by the N.F. Railway authorities claiming that there is a wilful and deliberate violation by the writ petitioner in not paying the 5% enhanced freight rate.

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We are unable to satisfy ourselves that there is any wilful and deliberate

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Page No.# 3/3

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violation by the respondent contemnor Ashok Kumar Somani, inasmuch as the mandamus in the order dated 11.06.2015 in WP(C) No. 1863/2007 and WP(C) No. 1841/2007 is to the N.F. Railway authorities to dispose of the representations of the claimants against the enhancement of freight rate by 5%. The other requirement that before such representation can be considered, the claimants to pay the enhanced freight rate @ 5% is a conditional provision that unless the enhanced freight rate of 5% is paid, the consideration of the representation would be subjected thereto and therefore the requirement to pay the 5% enhanced amount is not a part of the direction.

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From such point of view, this contempt petition appears to be misconceived and accordingly, the same stands dismissed.

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Comparing Assistant

The Union of India and 3 Ors. v. Ashok Kumar Somani

Case brief

What is this about?

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The Union of India and 3 Ors. v. Ashok Kumar Somani

Case brief

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What did the court decide?

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