G.S.Singhvi, J. - (1.) This revision petition is directed against the order dated, 18.7.92, passed by the Additional District Judge No. 3. Kota, Camp Ramganj Mandi, whereby he has allowed the appeal filed by the defendants-non-petitioners and set aside the order of injunction passed in favour of the plaintiff-petitioner on 29.5.90 but the Munsif and Judicial Magistrate, First Class, Ramganj Mandi.
(2.) For the purpose of decision of this revision petition, it is necessary to refer to some facts.
(3.) The plaintiff-petitioner is a Public Limited Company. It is having a factory at Aditya Nagar, Morak, Tehsil Ramganj Mandi. district Kota, where the cement is manufactured. The construction of the Cement Factory started in 1978. According to the petitioner, the Railway Administration approved the cement loading complex plan and exchange yard for the purpose of loading and unloading the cement. The Compay spent a sum of Rs. 3 50 crores for the purpose of constructing the above complex and exchange yard. An agreement was entered into between the petitioner company and the Railway Admin station in the name of President of India on 2.3.81 regarding the terms and conditions of use and working of railway siding. This was done in term, of the Indian Railway Commercial Mannual As per Clause 17(c) of the agreement, free time and demurrage charges were calculated in accordance with the pilot to pilot schedule Daily loading quota of 35 wagons was fixed for loading cement. These 35 wagons were to be loaded within 8 hours and in case of failure, demurrage charges were payable. Each of these wagons was of 22 tonnes capacity. This total loading capacity of the wagons allotted to the petitioner came to be 770 M T. of cement. In the year 1982, Railway Administration introduced the schema of loading full Jumbo rake which consisted of 100 wagons and a total loading capacity of 22 M.T. The company was required to undertake the loading within 131/2 hours including shunting hours. Since the company found the system to be highly unworkable and arbitrary, it made a representation to the Railway Administration. On the basis of the representation of the Company the Railway Board vide its letter dated, 17.5.82 directed the Company to approach the General Manager, Western Railway. It was thereafter, agreed that joint trial be conducted to verify and determine the actual time required for loading the Jumbo Rake. Such joint trials were conducted between 23rd to 25th October, 1982. According to the plaintiff-petitioner, the Joint Trial Team came to the conclusion that 411/2 hours was the minimum time required for loading Jumbo rake at the site. The Joint Trial Team therefore, made recommendation to the General Manager, Western Railway, Bombay. The claim of the plaintiff is that the General Manager accepted these recommendations and the authorities of the Western Railway acted upon those recommendations till 1986. In the result, the petitioner was allowed free loading time 41-112 hours for one Jumbo rake with a provision of Rs. 3,000/- as penalty as and when 411/2 hours time schedule was exceeded. The petitioner company made a representation dated, 29.3.84 against the penalty of Rs. 3,000/- per rake. In response to this, the railway authorities at Bombay vide their letter dated, 14.11.84 expressed their inability to waive the penalty of Raj. 3,000/-.;