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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
City Link Express – Appellant
Versus
Union Of India – Respondent
JUDGMENT AND ORDER :
DEVASHIS BARUAH, J.
Heard Mr. A. R. Tahabildar, the learned counsel appearing on behalf of the Petitioner and Mr. K. Gogoi, the learned CGC appearing on behalf of the Respondent Nos. 1 to 6.
2. The Petitioner has filed the instant writ petition seeking the following reliefs which are reproduced herein under:
“(i) Why a writ in the nature of Mandamus should not be issued directing the Respondents to provide adequate halting/stopping time of at least 45 minutes to one hour at Kamakhya (KYQ) station for Train No.12520 (now re-numbered as 15660) so as to enable the petitioner to load parcels in the Train No.12520 (now re-numbered as 15660) at the Kamakhya station.
(ii) Why a writ in the nature of Mandamus should not be issued directing the Respondents to stop collecting freight and lease charges for the leased Parcel Van in the Train No.12520 (now re-numbered as 15660) for the Kamakhya (KYQ) to Lokmanya Tilak Terminus (LTT) route.
(iii) Why a writ in the nature of Mandamus should not be issued directing the respondents to refund the entire amount of freight and lease charges already collected from the petitioner, when no loading was possible in the leased VP of the Train
The court established that termination of a lease contract without proper notice violates principles of natural justice and contractual obligations.
The court affirmed that failure to commence loading within the stipulated time justified contract termination and forfeiture of the security deposit.
Clause 8(a) stipulates that the commencement of loading has to be done within 15 days from the date of allotment of the contract.
Railway claims require proper authorization and notice to appropriate authorities under applicable law; failure to adhere results in claim invalidity.
Station to station rates cannot exceed freight for the shortest route; failure to comply with prior court orders is judicially unsustainable.
Point of Law : Tribunal came to a finding that Respondent has not proved that there was shortage at time of loading and in view of non-filing of any of documents and evidence to prove that transhipme....
The imposition of Penal Demurrage Charges without adhering to required notice and publicity violates procedural fairness, necessitating recourse to the Railway Claims Tribunal.
Recovery of undercharged freight must occur before delivery of goods; demands made post-delivery are invalid under Railways Act, 1989.
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