Disposed

The India Cements Limited v. the Union of India

Kerala HC10 Dec 2015WP(C)/7540/2012

Case brief

AI extract

What is this about?

In this writ petition challenging increased demurrage charges and specific notices, the Court held that the matter was already considered by a Division Bench. Consequently, the petition was closed with directions to the petitioner to apply for waiver of charges as per the Division Bench judgment. No substantive decision on the merits of the petition was delivered in this order.

What did the court decide?

Petition closed; permitted to apply for waiver of demurrage charges as per Division Bench directions.

The India Cements Limited Vs the Union of… — 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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THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937

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WP(C).No. 7540 of 2012 (N)

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PETITIONER(S):

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THE INDIA CEMENTS LIMITED AGED 56 YEARS "ICL HOUSE"KRISHNASWAY ROAD, ERNAKULAM REP.BY ITS MANAGER(ACCOUNTS)SRI.K.SRIDHARAN

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BY ADVS.SRI.K.SRIKUMAR

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SRI.K.MANOJ CHANDRAN

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RESPONDENT(S):

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1. THE UNION OF INDIA REP.BY THE SECRETARY, MINSTRY OF RAILWAYS CENTRAL SECRETARIAT, NEW DELHI-100001

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2. THE RAILWAY BOARD,

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REP.BY ITS CHAIRMAN, RAIL BHAVAN, NEW DELHI-100001

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3. THE GENERAL MANAGER SOUTHERN RAILWAY, PARK TOWN, CHENNAI-600001

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4. THE CHIEF COMMERCIAL MANAGER, SOUTHERN RAILWAY, PARK TOWN, CHENNAI-600001

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5. THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, PALAKKAD-678001

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6. THE SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAY PALAKKAD-678001

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7. THE STATIONSUPERINTENDENT, SOUTHERN RAILWAY, VALAPATTANAM-670001

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8. THE CHIEF GOODS SUPERVISOR, SOUTHERN RAILWAY, TIRUR, MALAPPURAM-676505

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9. THE COMMERCIAL SUPEVISOR, SOUTHERN RAILWAY, VADAKARA, KOZHIKODE-673001

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10. THE SENIOR DIVISIONAL MANAGE,R SOUTHERN RAILWAY, NEELESHWAR, KASARAGOD-671121

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11. THE SENIOR MANAGER, ETTAKOT RAILWAY GOODS SHED, ETTAKOT-670663

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12. THE CHIEF GOODS SUPERVISION, SOUTHERN RAILWAY, WEST HILL, KOZHIKODE-673001

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13. THE CHIEF GOODS SUPERVISOR, SOUTHERN RAILWAY KALLAI-673506

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14. THE JOINT DIRECTOR TRAFFIC, COMMERCIAL (RATES)RAILWAY BOARD NEW DELHI-100001

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R BY ADV. SRI.JAMES KURIAN, SC, RAILWAYS R BY SRI.C.S.DIAS,SC, RAILWAYS

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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avk

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WP(C).No. 7540 of 2012 (N)

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

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXT.P1:-	TRUE COPY OF THE NOTICE OF THE 7TH RESPONDENT DTD 20/3/2012
EXT.P2:-	TRUE COPY OF THE NOTICE OF THE 8TH RESPONDENT DTD 20/3/2012
EXT.P3:-	TRUE COPY OF THE NOTICE OF THE 9TH RESPONDENT DTD 20/3/2012
EXT.P4:-	TRUE COPY OF THE NOTICE OF THE 10TH RESPONDENT DTD 20/3/2012
EXT.P5:-	TRUE COPY OF THE NOTICE OF THE 11TH RESPONDENT DTD 22/3/2012
EXT.P6:-	TRUE COPY OF THE CIRCULAR NO 74/2005 DTD 19/12/2005 AND ITS CORRIGENDUM DTD 17/1/2008
EXT.P7:-	TRUE COPY OF THE NOTIFICATIN DTD 29/12/2005
EXT.P8:-	TRUE COPY OF THE INTERIM ORDER DTD 14/2/2012 IN WPC NO 3634/2012.

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RESPONDENTS' EXHIBITS NIL

//TRUE COPY//

PA TO JUDGE

avk

ANIL K.NARENDRAN, J

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

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W.P.(C.)No.7540 Of 2012

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

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DATED THIS THE 10^th DAY OF DECEMBER, 2015

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JUDGMENT

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The petitioner has approached this Court seeking the

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following reliefs.

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(i) “Declare that respondents have no authority to revise the demurrage charges from Rs.100/- per wagon per hour to Rs.300/- per wagon per hour depending on the length of time the goods are to remain at the goods shed or under circumstances.

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(ii) Issue a writ of certiorari or any other appropriate writ or order calling for the records leading to Ext.P6 and P7 of the 14^th and 4^th respondents respectively, and to quash the same in so far as clause 3.3 therein is concerned.

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(iii) to issue a writ of certiorari or any other appropriate writ, or order calling for the records leading to Ext.P1 to P5 notices of the 7^th to 11^th respondents respectively, and to quash the same.

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(iv) to issue a writ of mandamus or any other appropriate writ, order or direction restraining the respondents from levying penal demurrage charges at the rate of Rs.300/- per wagon per hour as directed in Ext.P1 to P5 notices.

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(v) to pass such other order or direction which in the circumstances of this case, this Hon'ble Court deems fit.”

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W.P.(C.)No.7540 Of 2012

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Heard learned counsel for the petitioner and the learned 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 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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W.P.(C.)No.7540 Of 2012

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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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//TRUE COPY//

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PA TO JUDGE

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avk

The India Cements Limited v. the Union of India

Case brief

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What did the court decide?

The India Cements Limited v. the Union of India

Case brief

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