- (1.) THE appellant Railways, asserting its claim to realise the charge on the basis of reweighment made en route without informing the petitioner (Respondent No.1 herein), which was endorsee consignee of M/s. Rani Salt Refinery Pvt. Limited and Bajaj Salt Industries, has challenged the judgment of the learned Single Judge passed on the writ petition of the Respondent No.1consignee. Learned Single Judge has rejected the claim of the Railways, holding that the demand made by them is contrary to the statutory provisions.
(2.) THE short facts germane to the instant case is that the consignment of iodized salt was sent by M/s. Rani Salt Refinery Pvt. Limited and Bajaj Salt Industries from Chirai Railways Station, Gujarat to Tatanagar Railway Station. The consignment reached Tatanagar on 17th February, 2000 and was delivered to the petitioner. The Railways claimed that wagon were reweighed en route and out of 57 wagons, 32 wagons were found overloaded; 9 wagons were beyond the tolerance limit and were attached; and 23 wagons were found to be loaded beyond carrying capacity for which penal charges were levied under Section 73 of the Railways Act. Out of those wagons, 19 wagons belonged to Respondent No.1Jyoti Enterprises. The Railways claimed that for overloading it is entitled to realise the penal charges at the time of delivery.
(3.) HOWEVER , at the time of delivery or before the delivery no such claim was made by the Railways and even no information was given to the petitioners regarding reweighment of the consignment en route.;