Manglam Express Cargo Pvt Ltd v. Union Of India And ANR

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6591/2016 & C.M.Nos.27069-27070/2016 MANGLAM EXPRESS CARGO PVT LTD ..... Petitioner Through Mr.Ashish Mohan, Advocate.

versus UNION OF INDIA AND ANR ..... Respondents Through Mr.Jagjit Singh with Mr.Preet Singh, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 29.07.2016 Present writ petition has been filed challenging the order dated 1st July, 2016 whereby respondent no. 2 has cancelled the petitioner's registration, existing contracts as well as forfeited the petitioner's registration fee and security deposit and has blacklisted the petitioner for a period of five years on ground of excessive overloading. Learned counsel for the petitioner contends that respondents had failed to supply the documents on which reliance had been placed in the show cause notice.

Learned counsel for the respondents who appears on advance notice states that the documents referred to in the show cause notice have now been traced out and shall be supplied to the petitioner, if not already supplied, within a period of two weeks. He further states that the respondent/Railways has not objection if the impugned order is set aside and the matter is remanded back to the Appellate Authority

for consideration.

Learned counsel for the petitioner has no objection to the said course of action.

Consequently, with consent of parties, the impugned order dated 1st July, 2016 is set aside and the matter is remanded back to the Appellate Authority for a fresh decision after supplying the requisite documents to the petitioner.

Accordingly, the present writ petition and the applications stand disposed of. This Court, however, clarifies that it has not expressed any opinion on the merits of the controversy. The rights and contentions of all the parties are left open. Order dasti.

MANMOHAN, J JULY 29, 2016 KA