IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 WP(C).No. 20459 of 2008(I) -------------------------- PETITIONER: ------------ M/S.SEA GULL OVERSEAS, NO.1/575, VALIALUKKAL, KANIMANGALAM P.O., TRICHUR-27, REPRESENTED BY ITS MANAGING PARTNER N.S.NAVEEN, AGED 43, S/O.N.V.SREEDHARAN, RESIDING AT NANDILATH HOUSE, VADUKKARA P.O., THRISSUR DISTRICT BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF RAILWAYS, RAIL BHAVAN, NEW DELHI. 2. THE GENERAL MANAGER, SOUTHERN RAILWAY, HEAD QUARTERS OFFICE, PARK TOWN P.O., CHENNAI-3. 3. THE CHIEF COMMERCIAL MANAGER, SOUTHERN RAILWAY, HEAD QUARTERS OFFICE, PARK TOWN P.O., CHENNAI-3. 4. THE SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM-14. 5. THE STATION MASTER, SOUTHERN RAILWAY, CHALAKUDY RAILWAY STATION, CHALAKUDY. 6. THE STATION MANAGER, OFFICE OF THE STATION MANAGER, SOUTHERN RAILWAY, CHALAKUDY. 7. M/S.PONNEES, RIVER SAND AND TEXTILE DEALER, K.S.R.T.C JUNCTION, MAVELIKKARA, ALLEPPEY DISTRICT, REPRESENTED BY ITS MANAGING PARTNER S.SURESH KUMAR, AGED 41, S/O.G.SIVARAMA PILLAI, RESIDING AT "USHASREE", MATTAM NORTH, THATTARAMBALAM P.O., MAVELIKKARA. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 SRI.N.B.SUNIL NATH,SC, RAILWAYS FOR R1-6 SRI.MARTIN G.THOTTAN FOR R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 20459/08. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER. P2. COPY OF THE TAX INVOICE DTD.12.4.08. P3. COPY OF THE BILL DTD.12.4.08 BY THE RESPONDENTS. P4. COPY OF THE BILL ISSUED TO R7 DTD.12.4.08. P5. COPY OF THE PUNITIVE CHARGES IMPOSED ON THE PETITIONER AND R7 DTD.13.4.08. P6 COPY OF THE INTERIM ORDER IN W.P.C.NO.13228/08 DTD.16.4.08 OF THIS COURT. P7. COPY OF THE ORDER IN W.P(C).No.13228/08 DTD.2.6.08 OF THIS COURT. P8. COPY OF THE REQUEST TO R5 DTD.4.6.08. P9. COPY OF THE COMMUNICATION DTD.27.6.08 BY R6 DTD.27.6.08. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 20459 of 2008 ================== Dated this the 11th day of August, 2008 J U D G M E N T The petitioner along with the 7th respondent was proceeded against by the Railways for penal charges in respect of transport of certain consignments and an amount of Rs.18,80,170/- was required to be paid by the petitioner and the 7th respondent as penal charges. The petitioner and the 7th respondent together challenged the same by filing W.P(C).No. 13228/2008 in which there was an interim order, by which, the petitioner and the 7th respondent were directed to furnish bank guarantee for the amount demanded as a condition for stay. The petitioner has filed a petition seeking clarification of that order. In Ext.P7 order I directed that each of the petitioners in that writ petition shall furnish bank guarantee for the proportionate amount demanded from them, the total amount of which shall be Rs.18,47,172/-. It appears that thereafter the petitioner and the 7th respondent fell apart. Now the Railways have directed each of them to furnish bank guarantee for half the amount. The petitioner challenges that direction on the ground that what this Court had directed is w.p.c.20459/08 2 to furnish bank guarantee for proportionate amount of the penal charges. 2. Although a statement had been filed by the standing counsel for the Railways, the same did not contain the split up figures in respect of the petitioner and the 7th respondent giving the proportionate amount due from them. Therefore, I directed the standing counsel to file a statement giving proportionate amount. 3. Today a statement has been filed by the standing counsel to the effect that the petitioner's share would come to Rs.7,68,323/- and that of the 7th respondent's would come to Rs.10,78,849/-. In the above circumstances, I direct that the petitioner need furnish bank guarantee for the said amount of Rs.7,68,323/- in compliance with my direction in Ext.P7. Since the time for furnishing of the bank guarantee as per the earlier direction has expired, I direct that the petitioner shall furnish bank guarantee within two weeks from today. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.20459/08 3 S.SIRI JAGAN, J. ================== W.P.(C).No.20459 of 2008 ================== Dated this the 10th day of July, 2008 O R D E R Admit. Assistant Solicitor General takes notice for the 1st w.p.c.20459/08 4 respondent. Standing counsel takes notice for respondents 2 to 6. Standing counsel for the Railways seeks time to get instructions. The standing counsel shall inform this Court as to the punitive charges imposed on the petitioner and the 7th respondent separately, within one week. In the meantime, the petitioner shall take out notice to the 7th respondent by special messenger. Post after a week. sdk+ S.SIRI JAGAN, JUDGE