Hon'ble Jaspreet Singh,J.
The Court has convened through video conferencing.
Heard Sri Apoorva Tewari, learned counsel for the petitioner and Ms. Suniti Sachan, learned counsel for the respondents.
The petitioner by means of the instant petition seeks a direction in the nature of mandamus commanding the respondents to treat the period of corona curfew and the night curfew imposed in the State of U.P. and particularly in the city of Lucknow as a force majeure event and not to impose demurrage, wharfage for the period of corona curfew and night curfew. Further a direction is sought to revise the bill for wharfage after deducting the period of corona curfew and night curfew imposed in the State of U.P. and more particularly in the city of Lucknow amongst other.
The submission of the learned counsel for the petitioner is that the petitioner is registered partnership firm engaged in the business of acting as a Clearing and Forwarding (C&F) agent for M/s. Diamond Cements, a unit of M/s. Heidelberg Cement India Ltd. It is further submitted that M/s. Diamond Cements has booked a consignment of cement consisting 21 wagons from Paricha, Jhansi to Alamnagar, Lucknow. On account of corona curfew and night curfew, the removal process of the said consignment was hampered.
It is further submitted that the respondents have levied wharfage to the tune of Rs.3,43,193/- on account of delay caused. It is further submitted that the delay is an outcome of the corona curfew and night curfew imposed by the State of U.P. also in the city of Lucknow and as such the same ought to have treated as a force majeure event and the petitioner should be exempted from paying the same.
Learned counsel for the petitioner has drawn attention of the Court to Annexure No.1 and 2 which are copies of the circular issued by the Railway Board dated 05.05.2021 as well as 27.03.2020 respectively. It is urged that as per the circular dated 27.03.2020, the demurrage and wharfage were relaxed in view the National Lockdown in the year 2020. A similar circular has been issued on 05.05.2021. However, this time it is provided that considering the local conditions prevailing regarding lockdown, which may be fully or partially and the General Manager of the respective Zonal Railways are empowered and required to take appropriate decision.
In view of the aforesaid, learned counsel for the petitioner submits that the petitioner is entitled to relaxation in the charge imposed upon the petitioner in respect of wharfage.
Having considered the rival submission of the learned counsel for the petitioner as well as from the perusal of the record, it indicates that the petitioner has already moved a representation dated 02.05.2021 seeking relaxation of the wharfage charges during the corona curfew and night curfew. It is not disputed by the petitioner that the Railway Authorities have already issued a circular providing ample powers to the Zonal Manager of the concerned Railways to take an appropriate decision vide circular dated 05.05.2021. Hence, we are of the opinion that no gainful purpose would be served in keeping the aforesaid petition pending and ends of justice can be met by directing the petitioner to make a fresh representation in continuation with his earlier representation dated 02.05.2021 raising his grievance before the appropriate authority. In case if such a representation in light of the circular dated 05.05.2021 is made by the petitioner within a week from today, the same shall be considered by the authority concerned and appropriate decision shall be taken within three weeks thereafter.
With the aforesaid direction, the writ petition is disposed of.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 31.5.2021 Rakesh/-