M. Jagannadha Rao, J. - (1.) Leave granted in S. L. P. (C) No. 7766 of 1994.
(2.) These Civil Appeals and Transferred Cases raise common questions and can be disposed of together. The Civil Appeals arise out of judgments of the High Court of Allahabad and Rajasthan High Court. The transferred cases arise from the Delhi High Court and from the Railway Claims Tribunal (Lucknow Bench). Counsel have referred to the documents contained in T. C. No. 47 of 1997 (Eastern Coalfield Ltd. v. Ashoka Silicate and Glass Works, Delhi) for convenience, apart from the pleadings and documents in the other paper books. T. C. No. 47 of 1997, referred to above, is a case filed as C. W. P. No. 864 of 1985 in the Delhi High Court and transferred to this Court by virtue of orders in T. P. (C) No. 713 of 1995. On transfer it was numbered in this Court as T. C. No. 47 of 1997.
(3.) The broad facts in all the cases are similar. The appellants/petitioners are all consignees of coal from the collieries. The issue relates to the right of the Railways to recover 'penal charges' relating to overloading of coal in goods wagons beyond the 'permissible carrying capacity' of each wagon, from the consignees. While the Railways claim that the said charges can be recovered from the appellants-consignees, the appellants, on the other hand, contend that the Railways ought not to have permitted overloading of coal at the Collieries Railway-siding and that the consignor-collieries and the Railways are responsible for such overloading and therefore, the consignees cannot be made to pay these 'penal charges'. The petitioners/appellants not only seek refund of penal charges paid but a direction that in future, the Railways should be directed not to collect the same from the consignees.;