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2025 Supreme(Gau) 310

KARDAK ETE
Sadguru Engineers And Allied Services Pvt Ltd – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Ms. M. Sharma, Advocate; Mr. B. Sharma, SC, Railway

JUDGMENT :

KARDAK ETE, J.

Heard Ms. M. Sharma, learned counsel for the petitioners. Also heard Mr.B. Sharma, learned Standing Counsel for the Railway.

2. By filing this writ petition, the petitioners have challenged the impugned Demurrage Charge Bill statements dated 19.10.2021 issued by the Chief Goods Superintendent, Salchapara and the impugned Demand Notice/Letter dated 22.11.2021 issued by the Divisional Railway Manager (C) Lumding, whereby, the petitioners have been directed to pay of Rs. 5,15,970/-(Rupees Five Lakh Fifteen Thousand Nine Hundred Seventy) only as Penal Demurrage Charge.

3. The brief facts of the case are that pursuant to the Public Tender dated 17.07.2018, the petitioner no.1 was approved by the Indian Oil Corporation Limited (hereinafter referred to as IOCL in short) for operation and handling of Packed Bitumen depot of IOCL located on land to be leased by IOCL for a period of 10 years at Silchar, Assam. The petitioner was appointed as Carrying & Forwarding Agents (in short CFA) for operation and handling on land leased to the IOCL at NH-53, Village-Rajnagar, near Srikona Brick Industries at Silchar. Upon appointment at CFA and




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