HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.33630 of 2010 Date: November 09, 2011 Between: Sri Venkateswara Hamalies Mutually Aided Co-operative Society Ltd., Nellore, rep. by its President, I. Rama Mohan. … Petitioner And 1. The Central Warehousing Corporation, (a Govt. of India undertaking), Rep. by its Regional Manager & another. … Respondents * * * HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.33630 of 2010 O R D E R: Heard learned counsel for the petitioner and Sri G. Ramachandra Rao, learned standing counsel appearing for the respondents and at the stage of vacate stay petition the writ petition itself is being disposed of on their consent. 2. Petitioner is a registered mutually aided co-operative labour and contract society limited. It undertakes the work of handling and transporting food grain bags from Central Warehousing Corporation depot to the railheads/ goods shed. It is alleged that there was an agreement with the society whereby the society transporting the food grains as above, the goods are measured at loading and unloading points and certified by the officials of the respondents. Alleging that the respondents are effecting recovery of amounts alleging loss of food grains in the transit and questioning the recovery of Rs.3,83,000/- from the petitioner’s bill dated 08.6.2009, this writ petition is filed seeking declaration that without issuing notice, deductions cannot be made by the respondents. 3. This Court, while admitting the writ petition on 31.12.2010 passed interim direction that there shall be no deductions henceforth except by putting the petitioner on notice. 4. The leaned standing counsel for the respondents has filed counter-affidavit placing reliance upon the undertaking contained in clause 12(d) of the contract wherein transit loss is clearly undertaken by the petitioner. It is however accepted that no prior notice was given to the petitioner while effecting the deductions. Learned counsel, however, fairly submits that since the deductions from the bill would result in loss of earnings to the petitioner, the respondents shall give prior notice and after considering the explanation of the petitioner, appropriate orders as to deduction or otherwise will be passed. 5. Since the said assurance of the learned standing counsel for the respondents redresses the petitioner’s grievance in the writ petition, recording the same, the writ petition is disposed of directing the respondents to give notice to the petitioner in the event of any recovery of transit loss is contemplated in future and after considering the representation of the petitioner, appropriate orders as to deduction or otherwise be passed. No order as to costs. ___________________________ VILAS V. AFZULPURKAR, J Date: November 09, 2011. BSB