M/S Western Carriers India Pvt. Ltd v. The Union of India and 7 Ors

ORDER Date : 12.08.2024

Heard Mr. B. Gogoi, learned counsel for the petitioner. Also heard Mr. A. Borkataky, learned Standing counsel, NF Railway. The issue arising in the present proceeding pertains to the weighment of the goods booked by the petitioner, enroute at Jogighopa, which the petitioner contends to be not in tune with the weight of the goods as booked by him. Accordingly, the petitioner had approached this Court by Page No.# 3/3 way of filing the present proceedings and this Court vide order dated 28.09.2016 had directed that the petitioner shall be permitted to take delivery of the goods after the same has been manually weighed. The goods had arrived at its destination i.e. New Guwahati Railway Station proximate to the time of issuance of notice in the present matter and the petitioner till date have not brought on record any material to demonstrate as to the manner, in which the delivery of good was so taken by him and/or about any discrepancy about the weight of such goods In that view of the matter, the goods having been already taken delivery of, no further grievance having been raised in this connection in the present proceedings, this Court is of the considered view that no further adjudication is called for in the matter. Accordingly, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010173812016 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5812/2016o M/SoWESTERNoCARRIERSoINDIAoPVT.oLTD.o HAVINGoITSoREGISTEREDoATo2/6oSARAToBOSEoROAD,o2NDoFLOOR,o KOLKATAo-o70020oANDoHAVINGoITSoBRANCHoOFFICEoAToLOKHRA,oOPP.o CENTRALoJAIL,oGUWAHATIo-29,oDIST.oKAMRUPMETRO,oASSAM,oREP.oBYo ITSoAUTHORISEDoREPRESENTATIVEoSHRIoPRAFULoCHAKRABORTY,oS/O.o LT.oA.K.oCHAKRABORTY,oC/O.oWESTERNoCARRIERSoINDIAoPVT.oLTD.,o LOKHRA,oOPP.oCENTRALoJAIL,oLOKHRA. VERSUSo THEoUNIONoOFoINDIAoando7oORSo REP.oBYoTHEoSECRETARY,oMINISTRYoOFoRAILWAYS,oRAILWAYoBOARD,o RAILWAYoBHAWAN,oNEWoDELHI. 2:THEoGENERALoMANAGER oNORTHoEASTERNoFRONTIERoRAILWAYS oMALIGAON oGUWAHATI-11 oASSAM. 3:THEoCHIEFoCOMMERCIALoMANAGER oNORTHoEASTERNoFRONTIERoRAILWAY oMALIGAON oASSSAM oGUWAHATIo-11. 4:THEoDIVISIONALoCOMMERCIALoMANAGER oMALIGAON oGUWAHATIo-11. 5:THEoCHIEFoPARCELoSUPERVISOR oNEWoGUWAHATI Page No.# 2/3 B.G. YARD BAMUNIMAIDAM GHY.-21 KAMRUP ASSAM. 6:GENERAL MANAGER SOUTH EAST CENTRAL RAILWAY MUMBAI CHURCHGATE MUMBAI MAHARASTRA. 7:THE STATION MASTER ITWARI RAILWAY STATION MAHARASTRA SOUTH EAST CENTRAL RAILWAYS. 8:THE CHIEF BOOKING SUPERVISOR JOGIGOPA JOGIGOPA GOALPARA BCT DIVISION WESTERN RAILWAY Advocate for the Petitioner : MR.P NAYAK, MR.A DEKA,MR.B GOGOI,MR. K K DUTTA,MR.R BARUAH,MR.D SAIKIA Advocate for the Respondent : , MR.A K SARKAR(SC, NF RLY) BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR