MAHALAXMI ASSOCIATES PVT LTD AND ANR Vs. UNION OF INDIA AND ORS
HIGH COURT OF GAUHATI
Mahalaxmi Associates Pvt Ltd And Anr
Union of India And Ors
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Prasanta Kumar Deka, J. -
(1.) Heard Ms. B Goyal, learned counsel appearing on behalf of the petitioners. Also heard Mr. BK Das, learned Standing Counsel for the respondent/ NF Railway.
(2.) The petitioners have challenged the decision of the Railways Authority imposing demurrage charges vide order No. G1002/DM/GVG/2012 dated 21.05.2012 and order No. G1003/DM/GVG/2012 dated 21.05.2012 issued by the Divisional Railway Manager, Comml. Ambala Cantonment by way of which the appeal of the petitioner No. 1 praying for waival of demurrage of Rs. 5,37,600/- and Rs. 4,59,200/- respectively thereby directing the CGS/GVG to collect the full amount of demurrage.
(3.) The petitioners in the course of their business purchased coal from North Eastern Coalfields, Coal India Limited sold under E-tendering system. The petitioner No. 1 was allotted one rack of coal and another rack of coal was allotted to M/s Ajay Trading Co. The said coal was dispatched by the North Eastern Coalfields, Coal India Limited from theTirap Colliery at Margherita through the Railways to the destination station at Mandi Govindgarh. It would be pertinent to mention here that M/s Ajay Trading Co. sold the rack allotted to it to the petitioner No. 1 and endorsed the original railway receipt in the name of the petitioner No. 1.;
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