Telangana High Court

WP/26833/2006 of Sri Krishna Canvassing Agent Panikoill, Jajpur, Orissa repby Vs The South Central Railway repby Chief Commercial on 27 December 2006

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Ms. JUSTICE G. ROHINI WRIT PETITION No.26833 OF 2006 ORAL ORDER: The petitioner seeks a mandamus directing the respondent- South Central Railway, to refund the amount allegedly paid by him towards the difference of amount between the train load rate and wagon load rate. Such money claim

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THE HON’BLE Ms. JUSTICE G. ROHINI

WRIT PETITION No.26833 OF 2006

ORAL ORDER:

The petitioner seeks a mandamus directing the respondent-South Central Railway, to refund the amount allegedly paid by himtowards the difference of amount between the train load rate andwagon load rate. Such money claim arising out of a commercialtransaction cannot be adjudicated in a writ petition under Article 226 ofthe Constitution of India.

That apart, as rightly submitted by the learned counsel for therespondent, alternative remedies of settlement of dispute by arbitrationor institution of a Claim Petition before the Tribunal constituted underthe Railway Claims Tribunal Act, 1987, are available to the petitioner.

Accordingly, granting leave and liberty, the writ petition isdismissed. No costs.

__________

(G. ROHINI).

27[th] December, 2006.Kgr

THE HON’BLE Ms. JUSTICE G. ROHINI

WRIT PETITION No.26833 OF 2006

27[th] December, 2006.

Between:

Sri Krishna Canvassing Agent,Panikoill, Jajpur, Orissa, represented by itspartner – A. Surreddy. .. Petitioner.

And

The South Central Railway, represented byChief Commercial Manager, General Manager’sOffice, Commercial Branch, Secunderabad. .. Respondent.

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