Disposed

M/S.M.P.R.Mercantile Syndicate v. the Senior Divisional Commercial Manager, Sosuthern Railway

Kerala HC23 Nov 2015WP(C)/28534/2013

Case brief

AI extract

What is this about?

The petitioner sought a declaration against demurrage liability and a mandate to unload wagons without such charges. The Court closed the writ petition, directing the petitioner to follow the waiver procedure outlined in an intra-court appeal judgment.

What did the court decide?

Writ petition closed; petitioner permitted to move as per directions in the intra-court appeal judgment regarding waiver application.

M/S.M.P.R.Mercantile Syndicate Vs the Senior… — Contract and Commercial Disputes | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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MONDAY, THE 23RD DAY OF NOVEMBER 2015/2ND AGRAHAYANA, 1937

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WP(C).No. 28534 of 2013 (N)

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PETITIONER:

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M/S.M.P.R.MERCANTILE SYNDICATE,

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X/117 A, ASHOKAPURAM, ALWAYE REPRESENTED BY ITS MANAGING PARTNER, SRI. M.R.ROY

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BY ADV. SRI.ABDUL RAOOF PALLIPATH

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RESPONDENTS:

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THE SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAY, TRIVANDRUM - 695 011.

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THE STATION MASTER (SOUTHERN RAILWAY), ALWAYE GOOD SHED, ALWAYE, ERNAKULAM - 683 103.

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THE CHIEF GOODS SUPERVISOR, (SOUTHERN RAILWAY), ALWAYE GOOD SHED, ALWAYE - 683 103 ERNAKULAM DT.

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R1-R3 BY ADV. SRI.JAMES KURIAN, SC, RAILWAYS

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 28534 of 2013 (N)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 : TRUE COPY RAILWAY RECEIPT EXHIBIT P2 : TRUE COPY OF THE 'RATES' CIRCULAR NO 74/2005 ISSUED BY THE MINISTRY OF RAILWAYS EXHIBIT P3 : TRUE COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 18.11.2013 EXHIBIT P4 : TRUE COPY OF THE RELEVANT PAGES OF PARA 1708 OF CHAPTER 17 OF INDIAN RAILWAY COMMERCIAL MANUAL EXHIBIT P5 : TRUE COPY OF THE CLARIFICATION ISSUED BY THE MINISTRY OF RAILWAY DATED 20.01.2011 EXHIBIT P6 : TRUE COPY OF THE INTERIM ORDER IN WP NO.77/2013 PASSED BY THIS COURT DATED 02.01.2013

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RESPONDENT(S)' EXHIBITS: NIL

True copy

P.S.to Judge

dsn

ANIL K.NARENDRAN, J

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--------------------------------------------------

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W.P.(C.)No.28534 Of 2013

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--------------------------------------------------

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DATED THIS THE 23^rd DAY OF NOVEMBER, 2015

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JUDGMENT

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The petitioner has approached this Court seeking the following

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reliefs.

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(i) Declare that the petitioner is not liable to pay demurrage charges for the period between arrival of the wagon as per Exhibit P1 and commencement of unloading of the wagon as the delay due to reasons beyond the control of petitioner.

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(ii) Issue a writ of mandamus or such other writ, directing respondents to unload the wagons of the rake placed for unloading as per Ext.P1 without insisting demurrage charges for the period of hours between arrival of the wagons and date on which wagons will be placed for unloading susequently.”

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Heard learned counsel for the petitioner and the learned

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Standing Counsel for the Railways.

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Today, when the matter came up for hearing, it was submitted by both sides that the matter in issue has been considered by a Division Bench of this Court in intra court appeals, i.e., WA No.917/2014 & connected cases. A certified copy of the judgment dated 03.09.2014 in the aforesaid writ appeals was made

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W.P.(C).No.28534/13

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-2-

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available for perusal. The writ appeals were disposed of as under:

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“(1) The writ petitioners are permitted to make an application for waiver before the Station Manager/Goods Supervisor within 30 (thirty) days from today giving all details along with reasons and relevant records as necessary.

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(2) Station Master/Goods Supervisor shall forward the application for waiver of demurrage charges to the Divisional Officer with his remark within 15 (fifteen) days of receipt of the application.

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(3) The Divisional officer shall take a decision on the waiver application considering the reasons and circumstances given by the writ petitioners in the waiver application. Consequential orders be issued thereafter. In case the writ petitioners are aggrieved by the said decision, they can prefer appeal to the higher authority.”

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In the light of the above, the writ petition is closed, permitting the petitioner to move as per the aforesaid direction.

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Sd/- ANIL K.NARENDRAN, JUDGE

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dsn

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True copy

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P.S.to Judge

M/S.M.P.R.Mercantile Syndicate v. the Senior Divisional Commercial Manager, Sosuthern Railway

Case brief

What is this about?

What did the court decide?

M/S.M.P.R.Mercantile Syndicate v. the Senior Divisional Commercial Manager, Sosuthern Railway

Case brief

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What did the court decide?

What the court decided

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