Esquire Express Courier Servives And Ors.Vs. Union Of India And Ors' - Court Judgment

Excerpt:
the court: the writ petitioner is the alleged lessee of a parcel van under the railways. the question of renewal of such lease is the subject matter of a suit being title suit no.130 of 2010 before the 3rd civil judge (senior division), howrah. according to the petitioner, the lease is valid and renewable. but according to the railways, it has expired. in the above title suit, the learned judge of the court below has passed an interim order in an injunction 2 application on 26th july, 2010 restraining the railways from interfering with loading and unloading of the petitioners goods. the grievance of the writ petitioner in this writ application is that the stoppage time of the concerned train in particular destination stations i.e. ludhiana and jalandhar was so short that the entire goods meant to be unloaded in those station could not be unloaded. this has allegedly happened in april, 2008. according to the petitioner because of this no wagons are being allotted. the petitioner is entitled to claim exoneration by virtue of clause 14.4 of the agreement. the ends of justice will be sub-served if i dispose of the writ application, which i hereby do, by directing the respondent-railway authorities to consider the above case of the writ petitioners in accordance with law by taking into account their written defense and hearing them within a period of three weeks from the date of communication of this order by a reasoned order. all parties concerned are to act on a signed photocopy of this order on the usual undertakings.

Judgment:
The Court: The writ petitioner is the alleged lessee of a parcel van under the Railways. The question of renewal of such lease is the subject matter of a suit being title suit No.130 of 2010 before the 3rd Civil Judge (Senior Division), Howrah. According to the petitioner, the lease is valid and renewable. But according to the Railways, it has expired.

In the above title suit, the learned Judge of the Court below has passed an interim order in an injunction 2 application on 26th July, 2010 restraining the Railways from interfering with loading and unloading of the petitioners goods. The grievance of the writ petitioner in this writ application is that the stoppage time of the concerned train in particular destination stations i.e. Ludhiana and Jalandhar was so short that the entire goods meant to be unloaded in those station could not be unloaded. This has allegedly happened in April, 2008.

According to the petitioner because of this no wagons are being allotted. The petitioner is entitled to claim exoneration by virtue of clause 14.4 of the agreement.

The ends of Justice will be sub-served if I dispose of the writ application, which I hereby do, by directing the respondent-Railway authorities to consider the above case of the writ petitioners in accordance with law by taking into account their written defense and hearing them within a period of three weeks from the date of communication of this order by a reasoned order.

All parties concerned are to act on a signed photocopy of this order on the usual undertakings.