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| Circular number | No.TC-1/2023/109/1/Court |
|---|---|
| Date | 2025-06-27 |
| Type | Commercial Circular |
| Topic | freight |
| Official PDF | indianrailways.gov.in |
Civil Appeal No. 7026 of 2025 This Court remanded the case to the High Court for proper
COURT MATTER भारत सरकार रेल मंत्रालय रेलवे बोर्ड No.TC-1/2023/109/1/Court Case . New Delhi, dt. 27.06.2025 प्रमुख मुख्य वाणिज्य प्रबंधक पूर्वोत्तर सीमांत रेलवे Sub: Civil Appeal No. 7026 of 2025 Ref: Board’s letter of even number dt. 09.02.2024 Please find enclosed herewith a copy of letter dated 19.06.2025 from Assistant Registrar, Supreme Court of India, enclosing certified copy of signed order dated 20" May 2025 in the above mentioned appeal, for necessary action as deemed fit. M> oe (अतुल कुमार) संयुक्त निदेशक (दर) 1 रेलवे बोर्ड 6 R- O52 214 ee जता” All Communications Should be 4 श्र i Delivery Mode: Ordinary 1 Addressed to Registrar by Designation and wat by Name. ye" _D. No. 4973/2018 /SEC-XIV-A Pin Code - 110001 SUPREME COURT OF INDIA NEW DELHI 19th June, 2025 From: The Assistant Registrar, WA Court of India, New Delhi. To, NION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF RAILWAYS,, PID: 151514/2025 FOR P[1] IN C.A. SECRETARY RAILWAY BOARD, RAILWAY NO.7026/2025 (SEC XIV-A) BHAWAN,, DISTRICT- , DELHI 2 THE GENERAL MANAGER, NORTH EASTERN FRONTIER RAILWAYS MALIGAON,, DISTRICT- GUWAHATI, ASSAM CIVIL APPEAL No. 7026 OF 2025 PID: 151515/2025 FOR P[2] IN C.A. ” NO.7026/2025 (SEC XIV-A) (Petition under Article 136 of the Constitution of India from the judgement and Order dated 10th August, 2017 of the Gauhati High Court, , ASSAM in WA No. 333 of 2010 ) UNION OF INDIA AND OTHERS ... Petitioner(s)/Appellant(s) VERSUS MEGHA TECHNICAL AND ENGINEERS PVT. LTD. ... Respondent(s) Sir, In pursuance of Order XII Rule 6, S.C.R. 2013, 1 am directed to transmit herewith certified copy of Signed Order dated 20th May, 2025 in the appeal above mentioned. The certified copy of the decree made in the said appeal will be sent later on . Please acknowledge receipt. dhe Wa s faithfully, be ae\b\ ASSISTANT REGISTRAR Copy to :- 1 Mr. Sudarshan Lamba (adv.) central Agency Section, Department Of Legal Affairs, Ministry Of Law And Justice, Supreme Court Compound, New Delhi = ala ch.no.76, Central Agency Section, Supreme Court Compound, New Delhi-01 if New Delhi , Delhi WZ ; 3 Mr. Kaushik Choudhury (adv.) s0EM b-6 , Sagar Apartment, Tilak Marg, New Delhi DIR a J. 26 | ¢ New Delhi , Delhi gh ASSISTANT REGISTRAR 1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. ] 02-96 oF 2025 APPEAL No. 02-4 OF 2025 (Arising out of SLP(C)No. 8024 of 2018) UNION OF INDIA & ORS. . APPELLANTS Versus MEGHA TECHNICAL AND ENGINEERS PVT. LTD. .. RESPONDENT Ces ~. > + ME the पे $0) HS. ys करत ०. : 2०० कु ds Leave granted. Ries ons, Kuerceeg- ef tai 2. The Union of India through the Ministry of Railways, including the North Eastern Frontier Railways and its authorities, are aggrieved by the judgment dated 10.08.2017, rendered by a Full Bench of the Gauhati High Court. Through the Impugned Judgement, the High Court laid down that an opportunity of hearing ought to be given before imposing penalty on account of excess weight being detected in a consignment. 3. The instant controversy arose on 22.08.2010, when’ the respondent booked a rake consignment of dry fly ash with the appellant-Railways at Dhuliaganga Railway’ Station (Eastern Railways). The consignment was re-weighed and on finding that there Signature-Not Verified excess weight, a Demand Notice for Rs.10,61,250/- was issued as ““a- penal freight for excess weightage and Rs.43,500/- as demurrage. Seeking to quash the demand notices and to obtain a stay on the 2 same, the aggrieved respondent filed writ Petition (0) No. 4913/2010 before the High Court. The High Court called upon the appellant to explain why the demand notices ought not to be quashed. However, the High Court did not grant interim stay to the demand notices. Aggrieved by the non-grant of interim ara the respondent filed Writ Appeal No.333/2010 to set aside the same and issue necessary directions “to restrain the appellant from invoking the corresponding bank guarantees.
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