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2014 Supreme(Ker) 526

ASHOK BHUSHAN, A.M.SHAFFIQUE
Ultra Tech Cement Limited represented by its Duly Authorised Power of Attorney Holder O. M. Prakash Rathi Deputy Manager – Appellant
Versus
Union of India represented by the Secretary – Respondent


Advocate Appeared
For the Appellant:George Jacob (Jose), Mereena Joseph, Advocates.
For the Respondents: R1, P. Parameswaran Nair, ASG of India, James Kurian, C.S. Dias, Senior Counsels, Railways.

Judgment

Ashok Bhushan, A C.J.

1. All these Writ Appeals have been filed against the judgment dated 31.03.2014 of a learned Single Judge passed in W.P(C)No.13271 of 2011 and other connected Writ Petitions by which judgment all the Writ Petitions have been dismissed.

2. Writ Petition No.13271 of 2011 was treated as the leading Writ Petition by the learned Single Judge, Writ Appeal No.917 of 2014 arising out of Writ Petition No.13271 of 2011 is being treated as the leading Writ Appeal. Reference of pleadings in W.A. No.917 of 2014 shall suffice in deciding all the Writ Appeals. The appellants hereinafter are referred to as the Writ Petitioners and the respondents as the respective respondents arrayed in the Writ Petitions. The challenge in all the Writ Petitions was to the penal demurrage charges as notified by the respondents for the period from 2nd May 2011 to 31st July, 2011, rate Circular No.74 of 2005 as modified by the rate Circular dated 17.01.2008 including the consequential orders.

3. The facts giving rise to Writ Petitions are: The petitioners in (W.P(C) No.13271 of 2011) are the companies engaged in manufacture and sale of cements. Consignments of cements brought to the Goo

































































































































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