NAMITA PAUL Vs. FOOD CORPORATION OF INDIA

JUDGEMENT

(1.) Initially a petition was filed under article 226 of the Constitution of India for issuing of writ in the nature of certiorari quashing the letter No. G.12/NERFR/MOVT/DC/Agt/Part/09/14597 dtd. 22/12/2015 issued by the respondent No. 2 relating to fixation of purported demurrage charge in compliance to judgment and order dtd. 27/2/2015 passed in WP(C) 79 of 2010. The petitioner has also urged to issue writ in the nature of mandamus directing the respondents to refund an amount of Rs.32,47,763.00 deducted from the bills of the petitioner in connection with Order of appointment vide No. Cont/9/NEFR/TC/CHNG-AGT/2008 dtd. 17/11/2008 to the petitioner with interest.

(2.) Thereafter, by the judgment and order dtd. 27/4/2021, this high court dismissed the writ petition being WP(C) 111 of 2017 stating as follows:-

(3.) The petitioner after lapse of time approached this court by way of filing a review petition No. 38 of 2021 wherein it had been stated by the petitioner that the petitioner as the plaintiff did not seek any relief for refund of Rs.32,47,763.00, which amount was admittedly deducted as compensation for demurrage suffered by the FCI respondents. But this court was under the impression that such relief is covered by the judgment dtd. 26/2/2021 delivered in RFA No. 14 of 2016. Having perused the record, this court by the order dtd. 16/11/2021 passed in Review petition 38 of 2021 recalled the judgment dtd. 27/4/2021 delivered in WP(C) 111 of 2017.