A.M.KHANWILKAR, SANJAY YADAV
S. Goenka Lime and Chemicals Limited – Appellant
Versus
Union of India – Respondent
Khanwilkar, C.J. -- 1. The petitioner company is engaged in the business of limestone, in Katni District of State of Madhya Pradesh.The petitioner is required to transport limestone through Railways to Bokaro. The loading of limestone is done at the Railway Station Nanhwara, District Katni. The petitioner booked two racks of 58 wagons each for transporting limestone. The first rack containing 58 open wagons was loaded on 28.6.2006 and the second of the same capacity was loaded on 30.6.2006 at Nanhwara Railway Station. The loading was done under the supervision of a private company, which has been approved for that purpose by the Government known as “Superintendence Company of India (Private) Limited” (hereinafter referred to as SCIL, for the sake of brevity). There is no weighing facility of wagons at Nanhwara Railway Station. The said SCIL issued certificate in favour of the petitioner for having loaded the wagons. According to the petitioner, loading was done strictly as per the Rules and the requirement specified in that behalf by the Railways. The Railways also issued receipts, which mention that the wagons are not weighed at the forwarding station, hence, weighment may
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