DEBASISH KAR GUPTA ,J. - (1.) This appeal is directed against the impugned judgement by which the writ application of the respondents/writ petitioners was allowed directing the appellants/respondents to refund a sum of Rs.14,24,678/ -, to the respondents which had been realised from the respondents as punitive charges.
(2.) The following facts and circumstances were taken into consideration by the learned Single Judge while passing the impugned judgement: - Respondent No.1 purchased iron ore fines from Orissa Mineral Development Company Limited, (hereinafter referred to as OMDC), a Government of India enterprise. The said OMDC had a private siding. It was served by Barajamda Railway Station having electronic -in -motion weight bridge stand facility.
(3.) On February 12, 2009, 3700 -M.T. of aforesaid iron ore fine was loaded in the wagon at the above private siding of OMDC situated at Barjamda Railway station on the basis of declaration of the weighment of consignment in wagon -load by the respondent company. According to the appellants, weighment of above consignment was not feasible at the Barajamda Railway Station due to congestion.;