- (1.) The petitioner in this WP under art.226 dated March 21, 2012 is questioning the reasonableness of wharfage, demurrage and detention charge levied by South Eastern Railway.
(2.) In view of the decision of this Court in Bhagaben Dey v. Union of India & Ors., 2010 AIR(Cal) 13, the petitioner s remedy, if any, was before the Tribunal established under s.33 of the Railways Act, 1989. I do not find any extraordinary reason for permitting the petitioner to avoid the statutory forum.
(3.) For these reasons, I dismiss the WP making it clear that nothing herein shall prevent the petitioner from questioning the reasonableness of wharfage, demurrage and detention charge levied by the Railway before the Tribunal, if it is otherwise entitled to do that. No costs.;