Petitioners are stockists at Malabar Cements Limited. Petitioners submit that wholesale dealers who supply 250MT are provided with prompt supply through the wagon. Petitioners suffer huge loss on account of transportation charges if the delivery is effected through road transport. On account of this, they are unable to lift stock as contemplated in the agreement. Petitioners submit that they are prepared to place an order for 250MT per month and prepared to comply with the contract entered with the Malabar Cements Ltd. As per the contract, petitioners are bound to give a minimum off take of 50MT per month. If the petitioners fail to stock the minimum off take for a continuous period of three months, the stockists order will be cancelled forfeiting security deposit. Petitioners pointing out the practical difficulty in road transport, requested the officials to provide them supply through railway wagon. Petitioners also said that they have also supplied through railway on many occasions. Apprehending discontinuation of supply through railway wagon, petitioners have approached this Court.
W.P(C).Nos.27762 and 27819 of 2014 2
2. Learned Standing Counsel submits that as per the contract petitioners are not entitled for the delivery through railway wagon and they are bound to take delivery from the companies godown or site at Walayar or Cherthala. Petitioners are imposing new conditions to the contract commanding company to provide supply through railway wagon. Learned Standing Counsel also points out the practical difficulty in accepting the petitioner's request. It is also pointed out that the petitioners have also failed to lift the minimum quantity as undertaken in the agreement.
3. Petitioners submit that it is on account of non providing of the railway wagon for the supply, they were unable to lift the minimum quantity. It is also submitted that they have placed orders for supply through railway wagons and officials fail to deliver the supply through railway wagon.
4. I have gone through the contract entered by the petitioner with the company. I do not find any conditions stipulating for the supply of the consignment through railway wagon. Therefore, this is a matter of policy for the Malabar Cements to take decision whether the supply can be effected through railway wagons if stockists make a bulk order of 250MT.
W.P(C).Nos.27762 and 27819 of 2014 3
5. Therefore I am of the view, it is duly realm of policy of Malabar Cements to take appropriate decision in the matter. Therefore, petitioners shall approach the third respondent within a period of two weeks from the date of receipt of a copy of this judgment. An appropriate decision shall be taken within a further period of one month after affording an opportunity of hearing to the petitioners.
Writ Petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/30/10/14