- (1.) A consignment of edible oil/crude oil was accepted for transportation by the Railways on the basis of dip measurement. However, during the course of transportation it was weighed by motion bridge and on the basis of such weighment the excess load found was subjected to further freight vide demand notice dated 23. 10. 2007. Thus, a dispute having arisen, a suit challenging the demand notice was instituted. The suit was decreed. In appeal preferred by Railways this court on 2. 02. 09 passed the following order. "this is a regular first appeal. Suit filed by the plaintiff respondent has been decreed. On the facts and circumstances keeping in mind the nature of the decree this Court directs that the decree will remain effective in respect to the consignment covered by the notice dated 23. 10. 2007 and that will not apply in respect to any future consignment and as and when a notice is received the respondent may file proper application before this Court for getting the relief in that respect. Admit. Notices meant for respondents has been accepted by Shri S. D. Ojha, Shri V. K. Goel appears for the defendant appellant. Records be summoned at the appellant's expense. It is always open for both the parties to file an application before this Court for early listing as and when the record is received and the Court may consider the same. "
(2.) NOW the appellants have issued a notice dated 25. 2. 09 demanding additional freight from the respondents in respect of the various subsequent consignments during the period from 29. 10. 07 to 1. 12. 09. Accordingly, the respondents on the strength of the interim order of this court dated 02. 02. 09 has applied for its stay to which counter has been filed. Rejoinder affidavit filed today taken on record.
(3.) HEARD Shri V. K. Goel, learned Counsel for the appellants and Shri V. K. Dixit along with Shri S. D. Ojha in support of stay application.;