High Court of DelhiW.P.(C)/7049/2018

Malaram v. Union Of India & ANR

2018-07-10Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7049/2018 MALARAM ..... Petitioner Through:

Mr. Amit Sahni and Mr. Vaibhav Mishra, Advs.

versus UNION OF INDIA & ANR ..... Respondents Through:

Mr. Jagjit Singh and Mr. Preet Singh, Advs.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 10.07.2018 CM. No. 26761/2018 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P.(C) 7049/2018 Present petition has been filed by the petitioner with the following prayers:

"In the light of aforementioned facts and circumstances, it is most respectfully prayed to this Hon'ble Court that this Hon'ble Court may be pleased to:

a) direct the respondent to reweigh the goods / articles loaded for transportation in VPH No. CR 10844 by way of Digital In Motion Weighbridge as well as (manually either at Delhi or at Destination) at the cost of the petitioner.

b) Any other appropriate order or direction which this Hon'ble Court may deem fit in the given facts and circumstances of the present case."

Learned counsel for the petitioner states, he would be satisfied if the respondent immediately reweigh the goods and articles in VPH CR. No. 10844 by way of Digital In Motion Weighbridge. He draws my attention to an order passed by the Coordinate Bench of this Court on July 11, 2017 in W.P. (C) 5545/2017 to seek a similar order.

Mr. Jagjit Singh, learned counsel for the respondent Railways is agreeable with the submission as made by the counsel for the petitioner. Accordingly, the respondent shall reweigh the consignment / goods / articles in the presence of the representative of the petitioner on the petitioner depositing due payments (if not already done) within two days from today.

It is made clear that if on reweighing it is found that the weight of goods and articles are within the permissible limit, any extra payment made shall be refunded to the petitioner as expeditiously as possible within two weeks thereafter, as stated by Mr. Singh.

CM No. 26762/2018 (for direction) Dismissed as infructuous.

A copy of this order be given dasti under the Signatures of the Court Master.

V. KAMESWAR RAO, J JULY 10, 2018/jg