HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.38087 of 2014 Date: 10.12.2014 Between :
R.B. Commodities Private Limited, rep.by its Director, Neha Jindal W/o.Sunil Jindal, Aged about 40 years, R/o. 4111, 1st Floor, Naya Bazar, New Delhi And The Union of India, rep.by its Under Secretary, Railways Department, Central Secretariat, New Delhi and others.
….. Petitioner .... Respondents This Court made the following:-
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.38087 of 2014 ORDER:
The case of the petitioner is that they have loaded one Rake of 42 Wagons from Lalitpur (LAR) to CMCT, Hyderabad, vide R.R.No.212000512. Out of 42 Wagons, one Wagon bearing No.SC 37852 BCNA was not received at CMCT. No reasons were given as to why it was not received along with other Wagons. The factum of non-receipt of that Wagan is also recorded. Subsequently, said Wagon was also received, but as reported by the South Central Railway, delivery was not given since the goods were found to be damaged. Aggrieved by non-receipt of Wagon and damage of goods, petitioner company claim payment of Rs.10,86,720/- as costs of entire load of goods in the Wagon. A demand to that extent was first made on 15.02.2014 and reminder was given on 16.05.2014. No reply is furnished to the petitioner. On account of inordinate delay in settlement of the claim, great prejudice is caused to the petitioner. Hence, this writ petition.
2. Having regard to the fact that claim made by the petitioner is pending consideration by the Railways, without expressing any opinion on merits, the writ petition is disposed of, directing the Chief Commercial Officer, South Central Railway, Rail Nilayam, Secunderabad (3rd respondent) to consider the claim made by the petitioner and pass appropriate orders as warranted by law as expeditiously as possible preferably within a period of three weeks from the date of receipt of copy of this order. If the claim of the petitioner is not agreed upon, it is open to the petitioner to work out its remedies.
JUSTICE P.NAVEEN RAO Date: 10.12.2014 kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38087 of 2014 Date: 10.12.2014 Kkm