1. Heard Mr.Kavina, learned senior counsel with Mr.Shah, learned advocate for the petitioner and Ms.Abha Makwana, learned advocate for the respondent railway authority. Having regard to the facts and circumstances of the case, the orders passed in this petition form time to time since 8.8.2012 and also having regard to the reply affidavit filed by the respondent railway authority as well as the communication/order dated 5.9.2012, it has merged that the petition requires consideration. Hence, Rule.
2. So far as the request for interim relief is concerned, at this stage, having regard to the above mentioned order dated 5.9.2012, below mentioned order is passed by way of ad-interim relief and for the purpose of considering the request of interim relief, the proceedings are adjourned to 13.9.2012 that the observation of the learned advocate for the respondent railway authority would do well in instructing the concerned officer to remain present at the time of further hearing of present petition on 13.9.2012.
3. Mr.Kavina, learned senior counsel has made serious grievance about the action taken by the officers of respondent railway authority, particularly the action of detaining 4 containers at Guwahati and not allowing the petitioner to remove the goods unless the petitioner makes the payment of the amount demanded by the respondent railway authority, i.e. Rs.9,99,000/-. However, subsequently, during the proceedings and hearing of present petition on 4.9.2012 and 5.9.2012, the respondent railway authority has granted waiver of 50% out of Rs.9,99,000/-. As a result of the said communication/oder dated 5.9.2012, the petitioner is still required to pay sum of about Rs.5,00,000/- and only on payment of such amount, the respondent railway authority would release the said containers. Therefore, at this stage, without entering into the legality and justifiability of the demand for payment of Rs.5,00,000/- as a condition for releasing the containers, it is directed that if the petitioner submits bank guarantee in sum of Rs.5,00,000/- to the concerned/competent authority, then on receipt of such bank guarantee (issued by a nationalised bank) in favour of Senior Divisional Commercial Manager, Western Railway, Ahmedabad, the detained containers of petitioner shall be released. For the said purpose, the said Senior Divisional Commercial Manager shall pass on instructions to his counter part at Guwahati for release of containers. The petitioner shall keep the bank guarantee alive further orders and its encashment will be subject to permission/order by this Court for passing appropriate order of interim relief.
S.O.
to 13.9.2012.
(K.M.
Thaker, J.) Bharat*